Formula Business Restrictions - Port Jefferson, NY

On June 26, 2000, Port Jefferson, New York, enacted an ordinance barring formula fast food restaurants from the village's historic commercial and waterfront districts. The measure was proposed by the Port Jefferson Civic Association, which has fought to prevent McDonald's from locating in the village center and to protect the community's unique character and ambiance.

RESOLUTION

At a meeting of the Board of Trustees of the Incorporated Village of Port Jefferson, held at the Village Hall at 121 West Broadway, Port Jefferson, New York on the 26th day of June, 2000;

WHEREAS, due public hearing on proposed amendments to Chapter 250 of the Ordinance of the Incorporated Village of Port Jefferson was held on the 26th day of June, 2000; and

WHEREAS, all citizens and parties at interest had the opportunity to be heard; and

WHEREAS, the Board of Trustees desires to approve the amendments to Chapter 250 of the Ordinance of the Incorporated Village of Port Jefferson as hereinafter set forth.

WHEREAS, the Board of Trustees has determined that the proposed amendment is an unlisted action, has adopted the annexed Short Environmental Assessment Form, and has concluded that the proposed amendment will have no significant adverse impact on the environment.

NOW, THEREFORE, BE IT RESOLVED that Chapter 250 of the Ordinance of the Incorporated Village of Port Jefferson be amended as follows:

Amend Section 250-9 by adding the following definition:

FORMULA FAST FOOD ESTABLISHMENT - An establishment required by contractual or other arrangements to offer some or all of the following:

(a) standardized menus, ingredients, food preparation, decor, external facade and/or uniforms;

(b) pre-prepared food in a ready-to-consume state;

(c) sold over the counter in disposable containers and wrappers;

(d) selected from a limited menu;

(e)for immediate consumption on or off the premises;

(f) where the customer pays before eating.

This definition does not include eating and drinking or retail food establishments.

Amend Section 250-18(B) (9) (e) by deleting the same in its entirety and substituting in lieu thereof a new Section 250-18(B) (9) (e) reading as follows:

Section 250-18(B) (9) (e). Seating shall be based on existent fire and health codes.

Amend Section 250-18(B) (9) by adding subparagraph (h) reading as follows:

Section 250-18(B)(9) (h). No retail food establishment may sell alcoholic beverages for consumption on premises or permit consumption of alcoholic beverages on premises.

Amend Section 250-18 by adding subparagraph H reading as follows:

H. Formula Fast Food Establishments are prohibited in the Central Commercial C-1 District.

Amend Section 250-19B by adding subparagraph (2) reading as follows:

(2) Formula Fast Food Establishments are prohibited in the General Commercial C-2 District.

Amend Section 250-22 by adding subparagraph H reading as follows:

H. Formula Fast Food Establishments are prohibited in the Marina Waterfront MW District.

Dated: June 26, 2000.

BY ORDER OF THE BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF PORT JEFFERSON