S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3091
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred 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
 POINT  OF SALE, THE LETTER GRADE IDENTIFYING AND REPRESENTING THE RESULT
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04937-01-1

 A. 3091                             2

 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.