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View Full Version : My Diner got reported for a "child in the prep area"




CrissyNY
07-07-2011, 08:58 PM
My family and I run a small diner in upstate New York.

I have a 3 year old son who comes to work with me. Most of the time he plays in the back yard or sits at the counter in the dining room with crayons.

Yesterday we got a call from the NYS Department of Health. Apparently there were "several complaints" that a child was in the prep area of the diner. The official on the phone was concerned about contamination issues. We did not ask any questions and said we would take care of it.

After the phone call I had many questions. Was it illegal for my child to be there? What would be the consequences? Would CPS be called? Who the hell would call the health dept over a child?

For the record there are no contamination issues. My son is not even tall enough to reach the prep tables and cannot access the coolers.

I am really freaked out about this and am considering contacting a lawyer to see if I am really breaking any laws.

steve005
07-07-2011, 10:42 PM
make barriers so people can't see back there

bkreigh
07-07-2011, 11:21 PM
Rub crap on everything and tell those punks to get off your case because it was you and not your kid.

gls
07-07-2011, 11:32 PM
Hopefully you didn't admit to anything. It sounds like a competitor/someone else might have it in for you, as the allegations are total BS. You could always call some lawyers; I'm sure most would at least offer you a free consultation. From you post it doesn't sound like the DoH is going to take any further steps, however.

Brian4Liberty
07-07-2011, 11:38 PM
People might be concerned that the food or dishes might get contaminated by a child (if they only knew what really happens to their food!). The State may also be concerned that the child could injure themselves or drink Draino or something. You're in a regulated business, so they might get involved in anything.

CrissyNY
07-08-2011, 07:25 AM
Thank you everyone for the replies.

I spoke to a lawyer today and he told I have nothing to worry about, people just like to complain and report other people.

I still feel CPS or the health inspector will be paying me a visit soon.

MoneyWhereMyMouthIs2
07-08-2011, 07:46 AM
After the phone call I had many questions. Was it illegal for my child to be there? What would be the consequences? Would CPS be called? Who the hell would call the health dept over a child?

For the record there are no contamination issues. My son is not even tall enough to reach the prep tables and cannot access the coolers.

I am really freaked out about this and am considering contacting a lawyer to see if I am really breaking any laws.


I believe the laws are different for family businesses. At least that's what I was told when I was a child worker. lol That may vary with different industries, but I would think the restaurant industry would be more likely to be legal to be there. I'd say it's worth talking to a lawyer and really finding out. Then you can proceed however, but at least you know what you are dealing with.

123tim
07-08-2011, 08:15 AM
Thank you everyone for the replies.

I spoke to a lawyer today and he told I have nothing to worry about, people just like to complain and report other people.

I still feel CPS or the health inspector will be paying me a visit soon.

He's right. You have nothing to worry about. Worry helps nothing.

I think that you lawyer is wrong however. People do like to complain and report people, AND government agencies love to inspect and regulate. That's how they stay in business and protect their jobs. Expect a visit (or more.)

Be prepared. Get prepared. Think hard about everything that you say.
The inspectors may be nice, but they are in a business. Don't forget that.

I hope that you are well.
I hope that nothing comes of this.

hillbilly123069
07-08-2011, 08:40 AM
Sounds like a disgruntled employee or patron. Regardless, I have been in restraunts before where children were running around. I watched an 8 yo walk up to a buffet and start tasting using his fingers and returned the food to the bowl that was distasteful. I can see the reason for the complaint. Kids don't think. More complaints will result in more than a mere phone call.

TomtheTinker
07-08-2011, 08:43 AM
Crissy wheres your diner and what's it called..I live upstate and wouldnt mind taking a ride to eat the breakfast of a fellow liberty lover.

brushfire
07-08-2011, 08:43 AM
Keep promoting candidates like Ron Paul - its the only way we'll get government out of our lives.

Heaven forbid, anyone has a child in their kitchen at home... Give me a freak'n break. It was probably one of your competitors calling, and their friends. Perhaps a disgruntled employee that doesnt like your kid - who knows... One things for certain though, government makes a nice tool for those who dont wish to compete.

oyarde
07-08-2011, 09:57 AM
Thank you everyone for the replies.

I spoke to a lawyer today and he told I have nothing to worry about, people just like to complain and report other people.

I still feel CPS or the health inspector will be paying me a visit soon.

Well , you should hire some little people to work in the prep area then :)

amy31416
07-08-2011, 10:03 AM
Well , you should hire some little people to work in the prep area then :)

That is a hilarious idea. :p

CrissyNY
07-08-2011, 03:01 PM
Crissy wheres your diner and what's it called..I live upstate and wouldnt mind taking a ride to eat the breakfast of a fellow liberty lover.

I'm like 2 hours from Utica, near Cobleskill.

Not many libery lovers in NY, that's for sure. Good to know you're out there.

CrissyNY
07-08-2011, 03:07 PM
Keep promoting candidates like Ron Paul - its the only way we'll get government out of our lives.

Heaven forbid, anyone has a child in their kitchen at home... Give me a freak'n break. It was probably one of your competitors calling, and their friends. Perhaps a disgruntled employee that doesnt like your kid - who knows... One things for certain though, government makes a nice tool for those who dont wish to compete.

I know it's a crazy BS thing to call the State health Dept about, and I'm not doing anything illegal... but I can't help feeling completely paranoid and vulnerable to the POS health inspector who writes at least one ticket every time he comes in. He has told me he HAS to write at least one or it looks like he's not doing his job.

It's hard enough to make money in the food business and this place is comeletely family run. If the state wants to give us problems, it can endanger all our jobs.

Moving out of NY is looking better and better....

dannno
07-08-2011, 03:17 PM
Well , you should hire some little people to work in the prep area then :)


!!!!!!!!!

:D


It would be so funny to open a Wizard of Oz themed restaurant and have all the help be little people :D

RoyalShock
07-08-2011, 03:57 PM
I know it's a crazy BS thing to call the State health Dept about, and I'm not doing anything illegal... but I can't help feeling completely paranoid and vulnerable to the POS health inspector who writes at least one ticket every time he comes in. He has told me he HAS to write at least one or it looks like he's not doing his job.

It's hard enough to make money in the food business and this place is comeletely family run. If the state wants to give us problems, it can endanger all our jobs.

Moving out of NY is looking better and better....

The diner in our small town closed a few months ago so there's a building and a void here in south-central Kansas! We still have a deli/coffee shop and lunch-time place but nowhere to eat in the evenings.

libertarian4321
07-10-2011, 06:00 AM
My guess is that it was a customer who saw the kid.

This is going to sound harsh, but he/she may have been thinking along these lines (I'm not saying I think this way, but others might):

People with kids think their kids are cute and adorable. They don't see them for the vile disease spreading organisms that they are. We've probably all seen a woman we know making cookies for a bake sale, while being "helped" by their darling child, who's nose is dripping snot (which the little darling frequently wipes away with his hand before dipping that same hand into the cookie dough), who's had his hands down his pants, who was playing on the floor with the dog, who "samples" the cookies as they are being made, etc.

Little kids are dirty, frequently ill/diseased, and stupid- they really don't belong anywhere near where food is being prepared for the public. Having a dog in the food prep area is actually less of a health hazard than having a kid there.

I doubt the health dept. will do anything over a one time incident, but it's probably best to keep the kids away from the kitchen- if for no other reason than you could lose customers over it (whoever saw the kid and reported it probably isn't coming back).

angelatc
07-10-2011, 07:31 AM
My guess is that it was a customer who saw the kid.

This is going to sound harsh, but he/she may have been thinking along these lines (I'm not saying I think this way, but others might):

People with kids think their kids are cute and adorable. They don't see them for the vile disease spreading organisms that they are. .

OMG - they see them as humans. How horrific. Two generations ago, kids were expected to help out in the family business as soon as they could walk. Now our komrades are calling the authorities when they see it.

As for the rest of the post....you should just stay home.

Warrior_of_Freedom
07-10-2011, 08:38 AM
My guess is that it was a customer who saw the kid.

This is going to sound harsh, but he/she may have been thinking along these lines (I'm not saying I think this way, but others might):

People with kids think their kids are cute and adorable. They don't see them for the vile disease spreading organisms that they are. We've probably all seen a woman we know making cookies for a bake sale, while being "helped" by their darling child, who's nose is dripping snot (which the little darling frequently wipes away with his hand before dipping that same hand into the cookie dough), who's had his hands down his pants, who was playing on the floor with the dog, who "samples" the cookies as they are being made, etc.

Little kids are dirty, frequently ill/diseased, and stupid- they really don't belong anywhere near where food is being prepared for the public. Having a dog in the food prep area is actually less of a health hazard than having a kid there.

I doubt the health dept. will do anything over a one time incident, but it's probably best to keep the kids away from the kitchen- if for no other reason than you could lose customers over it (whoever saw the kid and reported it probably isn't coming back).

I've never gotten sick from a kid. Most likely because I already have those antibodies. :P

pcosmar
07-10-2011, 08:51 AM
(whoever saw the kid and reported it probably isn't coming back).

One can always hope.

flightlesskiwi
07-10-2011, 08:58 AM
My guess is that it was a customer who saw the kid.

This is going to sound harsh, but he/she may have been thinking along these lines (I'm not saying I think this way, but others might):

People with kids think their kids are cute and adorable. They don't see them for the vile disease spreading organisms that they are. We've probably all seen a woman we know making cookies for a bake sale, while being "helped" by their darling child, who's nose is dripping snot (which the little darling frequently wipes away with his hand before dipping that same hand into the cookie dough), who's had his hands down his pants, who was playing on the floor with the dog, who "samples" the cookies as they are being made, etc.

Little kids are dirty, frequently ill/diseased, and stupid- they really don't belong anywhere near where food is being prepared for the public. Having a dog in the food prep area is actually less of a health hazard than having a kid there.


good grief! remind me never to make you a batch of cookies! having my frequently ill/diseased, stupid kids help me may insult your proper sensibilities.

and if that's the way you'd allow any children you may have to help you (snot dripping everywhere, dirty hands, eating as they go), i would most definitely refuse to eat your cookies.

you make it sound like all parents with (small) children are incompetent irresponsible dolts raising children that are likewise. i recommend being a bit less collective in your thinking.

RCA
07-10-2011, 09:00 AM
It's reasons like that more and more I blame the citizens of this country for our problems and not a few thousand "elite".

CrissyNY
07-10-2011, 09:12 AM
My guess is that it was a customer who saw the kid.

This is going to sound harsh, but he/she may have been thinking along these lines (I'm not saying I think this way, but others might):

I understand you are saying some people may be turned off by the very sight of the child and threw a disclaimer in there that you may not feel that way yourself.

I am fine with someone not appreciating this is a family run business. They can take their money somewhere else; I have more business than I can really handle.

But to call the State of NY on me is something else.

I am certain it was a customer; we only have family working with us. I don't think they were grossed out by the (always clean, BTW) child.... more like they think he should be attending Head Start instead of being with his family.

Seriously, a lady came in a week ago and commented on how he "should" be in preschool with other kids his age... could been her who called.