§ 6-11 Inspections; Permit Issuance and Renewal.
RCNY § 6-11
No unit shall be approved for use and no permit shall be issued unless such unit has passed a pre-permit inspection by the Department and found to be constructed and equipped in compliance with this Chapter and 24 RCNY Health Code Article 81 and Article 89; and the permit-holder or permit applicant has submitted proof acceptable to the Department that the unit is serviced and stored by a commissary or other approved facility.
(a)Renewal applications to be submitted timely. An application for renewal of any permit shall not be accepted unless the applicant submits a complete renewal application and proof of payment of all fines and penalties owing for notices of violation as required by § 17-317(b) of the Administrative Code and 24 RCNY § 6-10, no later than thirty (30) days before the date of expiration of the permit. The Department may accept a late renewal application only if the applicant submits proof that may be verified by the Department that the delay in submission of the completed application and such proof of payment resulted because of delays in issuing such proof of payment. In such cases, the permittee must show that payment of all fines and penalties owing for notices of violation as required by § 17-317(b) of the Administrative Code and 24 RCNY § 6-10 was submitted at least sixty (60) days before the date of renewal of the permit.
(b)Inspections to be scheduled timely. In accordance with § 17-307(e) of the Administrative Code, a new or renewal permit shall not be issued if the applicant's mobile food vending unit fails to pass a pre-permit inspection by the Department within six (6) months after the permit application has been certified or accepted by the Department. The Department may conduct such an inspection more than six (6) months after the application has been submitted only if Department records indicate that the Department caused the delay in scheduling the inspection.
(c)Permit holder photographs. All individual applicants for a new or renewed permit, and persons who require a replacement or substitute permit or decal for a mobile food vending unit, shall personally appear at a location designated by the Department so that a current identifying photograph may be taken.
(d)Pre permit inspections. Permit applicants or permittees must bring the mobile food vending unit in for inspection, at a place designated by the Department, and present (i) a currently valid mobile food vendor's license, and (ii) another government issued photo identification acceptable to the Department in the following circumstances: (1) Before the issuance of a new or renewed mobile food vending permit and decal; (2) When a permittee seeks to replace a mobile food vending unit with another unit; (3) When a permittee seeks to amend a permit classification from non-processing to processing or processing to non-processing; (4) When a mobile food vending unit has sustained a material alteration, as defined in 24 RCNY Health Code § 89.03(e); or (5) When any permit decal has been removed.
(e)Applicants other than natural persons. If an entity other than a natural person is an applicant or permittee, such as a corporation or limited liability company, the person who brings a mobile food vending unit in for inspection on behalf of such entity must be a person authorized by law to accept service of process on behalf of such entity pursuant to article 3 of the New York CPLR. Such persons may include an officer, director or managing agent of a corporation; a partner of a partnership or limited partnership; or a member of a limited liability company. No other person may bring any mobile food vending unit to the Department for the non-operational inspections required by this section.
(f)Identifying operators of mobile food vending units. The applicant for a new or renewal permit must (1) complete a form provided by the Department listing the name(s), address(es), telephone number(s) and the currently valid mobile food vending unit license number(s) of each person who will be operating the mobile food vending unit, and (2) provide a statement describing the legal relationship of such person to the permit holder, in accordance with § 17-309(b)(1) of the Administrative Code. The completed form shall be signed and notarized by the permit applicant.
(g)Service contract or agreement from a commissary or other approved facility. At the pre-permit inspection, the permittee or permit applicant must provide an original agreement or contract signed by a commissary operator, or a person in charge of a facility other than a commissary that provides services to no more than four Class D or Class E units that are not food trucks, or one Class D or Class E food truck, indicating the specific goods and services provided for the permittee's mobile food vending unit. The permittee must maintain a copy of such agreement on the mobile food vending unit at all times of operation and make it available for inspection by the Department. Such goods and services must include, but are not be limited to: (1) Storage of the unit and foods.
(2)Cleaning and sanitizing of the unit, equipment and utensils.
(3)Disposing of liquid and solid waste and refuse generated by operation of a unit.
(4)Amount of potable water supplied.
(5)Foods provided, including those prepared at the commissary and prepackaged; and name of person preparing foods.
(6)Non-food supplies provided by the commissary.
(h)Inspection of damaged, repaired or materially altered mobile food vending units. A pre-permit inspection is required when a mobile food vending unit is materially altered as defined by 24 RCNY Health Code Article 89.
(i)Decals. No decal may be placed on any mobile food vending unit unless a Department inspector has determined at a pre-permit inspection that the unit is constructed and equipped in accordance with this Chapter, and that the person renewing or applying for a permit has completed and submitted all forms required by this section.
(j)Units to be photographed. The Department may take photographs of mobile food units at any time, so that the Department may verify that the unit has passed a pre-permit inspection.
(k)Notification of changes in operations. Permittees must notify the Department, in writing, on forms approved or provided by the Department, no later than ten business days after there has been a change in: (1) Persons operating each unit as indicated on the form described in 24 RCNY § 6-12(c), or (2) Commissary used. Permittees must provide a copy of an agreement from the new commissary with such notice.
(l)Enforcement. The commissioner may refuse to issue a new or renewal permit for: (1) Failing to allow photographs of the permittee or the unit.
