Senate Bill S608

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    608
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04937-01-1

 S. 608                              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;
   (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.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.