N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7-5.3 - Permit for operation, inspections, access

(a) The operation of an agricultural fairground without a permit is prohibited unless the commissioner has determined, pursuant to section 7-5.2 of this Subpart, that compliance with the requirements of this Subpart is not necessary to protect public health.

(b) Application for permit. An application for a permit to operate an agricultural fairground shall be submitted by a person who owns an agricultural fairground to the permit-issuing official at least 30 days before initial operation or the expiration of an existing permit.

(c) An application for a permit to operate an agricultural fairground may be denied when the applicant has previously failed to comply with one or more requirements of this Subpart, the agricultural fairground is a potential source of danger to the general public or persons at the agricultural fairground, or the agricultural fairground does not comply with one or more requirements of this Subpart.

(d) A permit to operate an agricultural fairground shall be issued for a period of not more than one year from the date of issue. A conditional permit may be issued in recognition of partial use of the fairground facility. A permit shall not be transferable or assignable and shall expire upon a change of the owner of the agricultural fairground, upon the date stipulated by the permit-issuing official or upon its revocation.

(e) Revocation, suspension. A permit to operate an agricultural fairground may be revoked or suspended by the permit-issuing official or the State Commissioner of Health if the agricultural fairground for which the permit was issued is found to have been maintained, operated or occupied in violation of the Public Health Law, the State Sanitary Code, or the sanitary code of the health department having jurisdiction over the agricultural fairground. A permit may be revoked upon request of the permittee or upon abandonment of operation.

(f) Any permit-issuing official, and his or her designees, shall be allowed entry at any reasonable time to inspect any property operated or believed to be operated as an agricultural fairground.

(g) A separate permit for a food service establishment, temporary residence or campground operating within the agricultural fairground shall not be required unless such food service establishment, temporary residence or campground is operated by a person other than the owner of the agricultural fairground.

(h) A permit to operate an agricultural fairground shall be posted in a conspicuous place on the premises.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.3