NY State Senate Bill 2017-S477A

Senate Bill S477A

2017-2018 Legislative Session

Directs commissioner of health to establish a uniform letter grading system in certain cities to classify results of inspections of entertainment venue food service establishments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Feb 02, 2017	print number 477a
Feb 02, 2017	amend (t) and recommit to health
Jan 04, 2017	referred to health

Bill Amendments

Original

A (Active)

2017-S477 - Details

See Assembly Version of this Bill:: A5978
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8458
2011-2012: S4840
2013-2014: S39
2015-2016: S1350
2019-2020: S850, A2375
2021-2022: S608, A3091

2017-S477 - Summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of an entertainment food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A".

2017-S477 - Sponsor Memo

                                 BILL NUMBER:  S477

 TITLE OF BILL :  An act to amend the public health law, in relation
to the establishment of a letter grading system to classify inspection
results for entertainment venue food service establishments

 PURPOSE OR GENERAL IDEA OF BILL :

Directs commissioner of health to establish a uniform letter grading
system to classify results inspections of entertainment venue food
service establishments.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill requires the establishment of a system for grading the
inspection results of food service establishments located within or
otherwise owned operated or controlled by places of entertainment,
including privately or publicly owned and operated facilities such as
a theatre, stadium, arena, race-track, museum, amusement park, or
other place where performances, concerts, exhibits, athletic games or
contests are held for which a donation is recommended or required or
an entry fee is charged to post the letter grade representing the
result of the most recent health inspection.

Due process safeguards are part of this bill. If a letter grade of "A"
is not received, the establishment will receive the inspection

findings, and can request a re-inspection that will occur within 7 to
21 days. After the re-inspection; a letter grade will again be
assigned. if the re-inspection, that finding can be appealed and a
review shall occur within 30 days.

This system shall not apply to:

- premises licensed for on-premise consumption of alcoholic beverages
pursuant to the alcoholic beverage control law when less than ten
percent of the gross sales of such establishment is derived from the
retail sale of food for on-premises consumption; or

- food service establishments that do not engage in the retail sale of
food for on-premises or off premises consumption from such
establishment.

 JUSTIFICATION :

A recent report by ESPN "Outside the Lines" highlighted findings of
health department inspection reports for food and beverage outlets at
all 107 North American arenas and stadiums that were home to MLB, NFL,
NBA and NHL teams in 2009. From the 107 venues, 30 (28 percent) had
been cited for at least one "critical" or "major" health violation. A
"critical" or "major" health violation is one that poses a risk for
food borne illnesses that can cause an ailment or in extreme cases
possible fatalities.

The New York State Department of Health is responsible for the
inspection of public places where food is prepared, sold or served in
New York. Local health department inspectors conduct surprise
inspections to check compliance with state and local laws.

A uniform statewide system of inspection and grading entertainment
venue food service establishments will provide consumers an easy way
to decide if they wish to eat from a particular food establishment.
Such system will provide encouragement to keep food establishments
sanitary.

 PRIOR LEGISLATIVE HISTORY :

2015-2016-S1350A
2013-2014 - S.39
2011-12: S.4840-A
2010: S.8458

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law.
Provided, however, that effective immediately, any rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or
before such date.

2017-S477 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    477
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the  establishment
   of  a  letter grading system to classify inspection results for enter-
   tainment venue food service establishments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1352-f to read as follows:
   § 1352-F. ENTERTAINMENT VENUE FOOD SERVICE GRADING  SYSTEM.  1.    THE
 COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
 FOOD  SERVICE  ESTABLISHMENTS,  TEMPORARY  FOOD  SERVICE ESTABLISHMENTS,
 MOBILE FOOD SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED IN THE STATE
 SANITARY CODE, THAT ARE LOCATED WITHIN OR OTHERWISE OWNED,  OPERATED  OR
 CONTROLLED  BY  A  PLACE  OF  ENTERTAINMENT,  INCLUDING ANY PRIVATELY OR
 PUBLICLY OWNED AND OPERATED FACILITY SUCH AS A THEATRE, STADIUM,  ARENA,
 RACETRACK,  MUSEUM,  AMUSEMENT  PARK  OR OTHER PLACE WHERE PERFORMANCES,
 CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS  ARE  HELD  FOR  WHICH  A
 DONATION IS RECOMMENDED OR REQUIRED, OR AN ENTRY FEE IS CHARGED.
   2.  THE  COMMISSIONER  SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION
 RESULTS FOR PLACE OF ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENTS.  SUCH
 SYSTEM  SHALL  USE  AND POST LETTERS A, B OR C TO IDENTIFY AND REPRESENT
 SUCH GRADING AND CLASSIFICATION WITH ALL OTHER LOWER GRADES BEING DEEMED
 TO BE FAILING GRADES.  IN  ESTABLISHING  SUCH  SYSTEM  OF  GRADING,  THE
 COMMISSIONER  SHALL  TAKE  INTO ACCOUNT THE PROVISIONS OF THIS TITLE AND
 THE PROVISIONS OF THE SANITARY CODE TO ESTABLISH A GRADING  SYSTEM  THAT
 REFLECTS  THE  SAFETY  AND  SANITATION OF THE PREMISES AND FOOD HANDLING
 PRACTICES TO ENSURE COMPLIANCE WITH STATE AND LOCAL HEALTH LAWS.
   3. SUCH  PLACE  OF  ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENT  SHALL
 CONSPICUOUSLY  POST  NEAR  THE ENTRANCE TO SUCH ESTABLISHMENT, OR AT THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00105-01-7

 S. 477                              2
 
 POINT OF SALE, THE LETTER GRADE IDENTIFYING AND REPRESENTING THE  RESULT
 OF  SUCH  ESTABLISHMENT'S  MOST  RECENTLY GRADED INSPECTION BY THE LOCAL
 HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTION. SUCH POST-
 ING  SHALL  BE DONE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED
 BY THE COMMISSIONER.  FOR ANY PLACE OF ENTERTAINMENT FOOD SERVICE ESTAB-
 LISHMENT RECEIVING A GRADE LOWER THAN "A", THE LOCAL HEALTH  OFFICER  OR
 THE  ENTITY  PERFORMING THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OF
 ITS GRADE AND THE FINDINGS UPON WHICH SUCH GRADE  IS  BASED.  THE  LOCAL
 HEALTH  OFFICER  OR  THE  ENTITY  WHICH PERFORMED THE INITIAL INSPECTION
 SHALL CONDUCT A SUBSEQUENT INSPECTION OF  SUCH  PLACE  OF  ENTERTAINMENT
 FOOD  SERVICE  ESTABLISHMENT  NO  SOONER THAN SEVEN DAYS, NOR LATER THAN
 TWENTY-ONE DAYS AFTER THE INSPECTION AT WHICH THE GRADE WAS GIVEN.    IN
 THE  INTERIM,  THE  PREVIOUS LETTER GRADE SHALL REMAIN POSTED.  UPON THE
 CONCLUSION OF THE SUBSEQUENT INSPECTION, THE LOCAL HEALTH OFFICER OR THE
 ENTITY PERFORMING THE INSPECTION SHALL  DELIVER  FOR  POSTING  A  LETTER
 GRADE  TO  THE  PLACE  OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT WHICH
 INDICATES THE GRADE FOR SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE,
 SUCH ESTABLISHMENT SHALL RECEIVE THE FINDINGS UPON WHICH SUCH  GRADE  IS
 BASED.  THE PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT MAY APPEAL
 SUCH  SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE COMMIS-
 SIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY  SUCH
 APPEAL  IS  PENDING, A PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT
 SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
   4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
 PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
   (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
   (B)  FOR  ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
 MONTHS; AND
   (C) FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST ONCE EVERY  THREE
 MONTHS.
   A  PLACE  OF  ENTERTAINMENT FOOD SERVICE ESTABLISHMENT THAT REQUESTS A
 REINSPECTION FROM THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR
 SUCH INSPECTIONS, SHALL PAY THE DEPARTMENT A FEE OF UP  TO  TWO  HUNDRED
 FIFTY  DOLLARS.  PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
 SION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL  HEALTH  OFFICER  OR  THE
 ENTITY  RESPONSIBLE  FOR SUCH INSPECTIONS TO INSPECT ANY PLACE OF ENTER-
 TAINMENT FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT  FROM  A
 MEMBER OF THE PUBLIC.
   5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PLACE OF ENTER-
 TAINMENT FOOD SERVICE ESTABLISHMENTS WHICH:
   (A) ARE PREMISES LICENSED FOR  ON-PREMISES  CONSUMPTION  OF  ALCOHOLIC
 BEVERAGES  PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS THAN
 TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
 RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION; OR
   (B) DO NOT ENGAGE IN THE RETAIL SALE OF FOOD FOR ON-PREMISES  OR  OFF-
 PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT.
   6.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR OTHER-
 WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
   § 2. This act shall take effect one year after it shall have become  a
 law.  Provided, however, that effective immediately, any rules and regu-
 lations necessary to implement the provisions of this act on its  effec-
 tive  date are authorized and directed to be completed on or before such
 date.

2017-S477A (ACTIVE) - Details

See Assembly Version of this Bill:: A5978
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8458
2011-2012: S4840
2013-2014: S39
2015-2016: S1350
2019-2020: S850, A2375
2021-2022: S608, A3091

2017-S477A (ACTIVE) - Summary

2017-S477A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S477A

 TITLE OF BILL :  An act to amend the public health law, in relation
to the establishment in cities having a population of one million or
more of a letter grading system to classify inspection results for
entertainment venue food service establishments

 PURPOSE OR GENERAL IDEA OF BILL :

Directs commissioner of health to establish a uniform letter grading
system in certain cities to classify results of inspections of
entertainment venue food service establishments

 SUMMARY OF SPECIFIC PROVISIONS :

This bill requires the establishment of a system for grading the
inspection results of food service establishments located within or
otherwise owned operated or controlled by places of entertainment,
including privately or publicly owned and operated facilities such as
a theatre, stadium, arena, race-track, museum, amusement park, or
other place where performances, concerts, exhibits, athletic games or
contests are held for which a donation is recommended or required or
an entry fee is charged to post the letter grade representing the
result of the most recent health inspection.

Due process safeguards are part of this bill. If a letter grade of "A"

is not received, the establishment will receive the inspection
findings, and can request a re-inspection that will occur within 7 to
21 days. After the re-inspection, a letter grade will again be
assigned. if the re-inspection, that finding can be appealed and a
review shall occur within 30 days.  This system shall not apply to:

- premises licensed for on-premise consumption of alcoholic beverages
pursuant to the alcoholic beverage control law when less than ten
percent of the gross sales of such establishment is derived from the
retail sale of food for on-premises consumption; or

- food service establishments that do not engage in the retail sale of
food for on-premises or off premises consumption from such
establishment; or

-establishments located outside of a city of one million or more.

 JUSTIFICATION :

A recent report by ESPN "Outside the Lines" highlighted findings of
health department inspection reports for food and beverage outlets at
all 107 North American arenas and stadiums that were home to MLB, NFL,
NBA and NHL teams in 2009. From the 107 venues, 30 (28 percent) had
been cited for at least one "critical" or "major" health violation. A
"critical" or "major" health violation is one that poses a risk for
food borne illnesses that can cause an ailment or in extreme cases
possible fatalities.

The New York State Department of Health is responsible for the
inspection of public places where food is prepared, sold or served in
New York. Local health department inspectors conduct surprise
inspections to check compliance with state and local laws.

A uniform statewide system of inspection and grading entertainment
venue food service establishments will provide consumers an easy way
to decide if they wish to eat from a particular food establishment.
Such system will provide encouragement to keep food establishments
sanitary.

 PRIOR LEGISLATIVE HISTORY :
2015-2016-S.1350A
2013-2014 S.39
2011-12: S.4840-A
2010: S.8458

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law.
Provided, however, that effective immediately, any rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or
before such date.

2017-S477A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  477--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT to amend the public health law, in relation to the establishment
   in cities having a population of one million or more of a letter grad-
   ing system to classify inspection results for entertainment venue food
   service establishments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1352-f to read as follows:
   § 1352-F. ENTERTAINMENT VENUE FOOD SERVICE GRADING  SYSTEM.  1.    THE
 COMMISSIONER  SHALL  ESTABLISH,  FOR  CITIES  HAVING A POPULATION OF ONE
 MILLION OR MORE, A  SYSTEM  FOR  GRADING  INSPECTION  RESULTS  FOR  FOOD
 SERVICE  ESTABLISHMENTS,  TEMPORARY  FOOD SERVICE ESTABLISHMENTS, MOBILE
 FOOD SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED IN THE STATE  SANI-
 TARY  CODE,  THAT  ARE  LOCATED  WITHIN  OR OTHERWISE OWNED, OPERATED OR
 CONTROLLED BY A PLACE  OF  ENTERTAINMENT,  INCLUDING  ANY  PRIVATELY  OR
 PUBLICLY  OWNED AND OPERATED FACILITY SUCH AS A THEATRE, STADIUM, ARENA,
 RACETRACK, MUSEUM, AMUSEMENT PARK OR  OTHER  PLACE  WHERE  PERFORMANCES,
 CONCERTS,  EXHIBITS,  ATHLETIC  GAMES  OR  CONTESTS ARE HELD FOR WHICH A
 DONATION IS RECOMMENDED OR REQUIRED, OR AN ENTRY FEE IS CHARGED.
   2. THE COMMISSIONER SHALL ESTABLISH, FOR CITIES HAVING A POPULATION OF
 ONE MILLION OR MORE, A SYSTEM FOR GRADING INSPECTION RESULTS  FOR  PLACE
 OF  ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS. SUCH SYSTEM SHALL USE AND
 POST LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND  CLAS-
 SIFICATION  WITH  ALL  OTHER  LOWER  GRADES  BEING  DEEMED TO BE FAILING
 GRADES. IN ESTABLISHING SUCH SYSTEM OF GRADING, THE  COMMISSIONER  SHALL
 TAKE INTO ACCOUNT THE PROVISIONS OF THIS TITLE AND THE PROVISIONS OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00105-02-7

 S. 477--A                           2
 
 SANITARY CODE TO ESTABLISH A GRADING SYSTEM THAT REFLECTS THE SAFETY AND
 SANITATION OF THE PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLI-
 ANCE WITH STATE AND LOCAL HEALTH LAWS.
   3.  SUCH  PLACE  OF  ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENT SHALL
 CONSPICUOUSLY POST NEAR THE ENTRANCE TO SUCH ESTABLISHMENT,  OR  AT  THE
 POINT  OF SALE, THE LETTER GRADE IDENTIFYING AND REPRESENTING THE RESULT
 OF SUCH ESTABLISHMENT'S MOST RECENTLY GRADED  INSPECTION  BY  THE  LOCAL
 HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTION. SUCH POST-
 ING  SHALL  BE DONE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED
 BY THE COMMISSIONER.  FOR ANY PLACE OF ENTERTAINMENT FOOD SERVICE ESTAB-
 LISHMENT RECEIVING A GRADE LOWER THAN "A", THE LOCAL HEALTH  OFFICER  OR
 THE  ENTITY  PERFORMING THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OF
 ITS GRADE AND THE FINDINGS UPON WHICH SUCH GRADE  IS  BASED.  THE  LOCAL
 HEALTH  OFFICER  OR  THE  ENTITY  WHICH PERFORMED THE INITIAL INSPECTION
 SHALL CONDUCT A SUBSEQUENT INSPECTION OF  SUCH  PLACE  OF  ENTERTAINMENT
 FOOD  SERVICE  ESTABLISHMENT  NO  SOONER THAN SEVEN DAYS, NOR LATER THAN
 TWENTY-ONE DAYS AFTER THE INSPECTION AT WHICH THE GRADE WAS GIVEN.    IN
 THE  INTERIM,  THE  PREVIOUS LETTER GRADE SHALL REMAIN POSTED.  UPON THE
 CONCLUSION OF THE SUBSEQUENT INSPECTION, THE LOCAL HEALTH OFFICER OR THE
 ENTITY PERFORMING THE INSPECTION SHALL  DELIVER  FOR  POSTING  A  LETTER
 GRADE  TO  THE  PLACE  OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT WHICH
 INDICATES THE GRADE FOR SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE,
 SUCH ESTABLISHMENT SHALL RECEIVE THE FINDINGS UPON WHICH SUCH  GRADE  IS
 BASED.  THE PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT MAY APPEAL
 SUCH  SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE COMMIS-
 SIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY  SUCH
 APPEAL  IS  PENDING, A PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT
 SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
   4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
 PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
   (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
   (B)  FOR  ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
 MONTHS; AND
   (C) FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST ONCE EVERY  THREE
 MONTHS.
   A  PLACE  OF  ENTERTAINMENT FOOD SERVICE ESTABLISHMENT THAT REQUESTS A
 REINSPECTION FROM THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR
 SUCH INSPECTIONS, SHALL PAY THE DEPARTMENT A FEE OF UP  TO  TWO  HUNDRED
 FIFTY  DOLLARS.  PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
 SION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL  HEALTH  OFFICER  OR  THE
 ENTITY  RESPONSIBLE  FOR SUCH INSPECTIONS TO INSPECT ANY PLACE OF ENTER-
 TAINMENT FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT  FROM  A
 MEMBER OF THE PUBLIC.
   5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PLACE OF ENTER-
 TAINMENT FOOD SERVICE ESTABLISHMENTS WHICH:
   (A) ARE PREMISES LICENSED FOR  ON-PREMISES  CONSUMPTION  OF  ALCOHOLIC
 BEVERAGES  PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS THAN
 TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
 RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION;
   (B) DO NOT ENGAGE IN THE RETAIL SALE OF FOOD FOR ON-PREMISES  OR  OFF-
 PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT; OR
   (C)  IS  NOT  LOCATED  IN A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE.
   6. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR  OTHER-
 WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.

 S. 477--A                           3
 
   §  2. This act shall take effect one year after it shall have become a
 law. Provided, however, that effective immediately, any rules and  regu-
 lations  necessary to implement the provisions of this act on its effec-
 tive date are authorized and directed to be completed on or before  such
 date.

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