A Local Law to amend the administrative code of the city of New York, in relation to requiring photographic documentation of alleged violations identified during sanitary inspections of food service establishments.

Int. No. 274

By Council Members Vacca, Chin, Ferreras-Copeland, Koo, Richards, Rose, Gentile and Rodriguez

A Local Law to amend the administrative code of the city of New York, in relation to requiring photographic documentation of alleged violations identified during sanitary inspections of food service establishments.

Be it enacted by the Council as follows:

Section 1. Chapter 15 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-1506 to read as follows:

§17-1506 Notices of violation issued to food service establishments to be accompanied by a photograph. a. Definitions. The following terms shall have the following meanings:

1. “Food service establishment” shall have the same meaning as such term is defined in section 17-1501 of this chapter.

2.  “Notice of violation” shall have the same meaning as such term is defined in section 17-1501 of this chapter.

3.  “Sanitary inspection” shall have the same meaning as such term is as defined in section 17-1501 of this chapter.

b. All notices of violation issued by the department to any food service establishment during a sanitary inspection shall include a photograph documenting each alleged violation cited in such notice. A copy of each such photograph shall be available for inspection in any proceeding to adjudicate the liability for the alleged violation cited in such notice.  A copy of each such photograph shall be retained by the department and shall be deemed a record kept in the ordinary course of business.

§2.  This local law shall take effect 120 days after enactment, except that the commissioner shall take such measures as are necessary for its implementation, including the promulgation of rules, prior to such effective date.

LCC/DSH

LS 3232/Session 9

2/5/2014