Chapter 5.16 Food Service Establishments
Sections
5.16.010 Definitions
5.16.020 Sanitary Food Code
5.16.030 License [Amended, January 24, 2011]
5.16.040 Issuance of Licenses and Fees [Amended, January 24, 2011]
5.16.050 Suspension of Licenses and Temporary Closing of Operations or Violators [Amended, January 24, 2011]
5.16.060 Reinstatement of Suspended Licenses
5.16.070 Revocation of License
5.16.080 Hearing
5.16.090 Inspection of Food Service Establishments [Repealed, January 24, 2011]
5.16.100 Inspection Report [Repealed, January 24, 2011]
5.16.110 Access To Establishments
5.16.120 Issuance of Notices
5.16.130 Service Of Notices
5.16.140 Food from Outside Jurisdiction of Town
5.16.150 Plan Review of Future Construction
5.16.160 Penalties
5.16.170 Payment for Health Authority Services [Repealed, January 24, 2011]
5.16.180 Change in Ownership of a Food Establishment [Enacted, January 24, 2011]
5.16.190 Change in Name of a Food Establishment [Enacted, January 24, 2011]
5.16.200 Change in Location of a Food Establishment [Enacted, January 24, 2011]
5.16.010 Definitions
- “Board of health” means the board of selectmen of the town and the health officer, in accordance with NH RSA 128:3.
- “Food service establishments” means any fixed or mobile restaurant, pushcart, coffee shop, soda fountain, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, food vending operation, whether attended or unattended, private, public or nonprofit organization or institution serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for public with or without charge. A food-service establishment also means a grocery store, meat market, bakery or any establishment where food is stored, manufactured and/or processed or packaged.
- “Health authority” means the health officer of the town and/or his or her designated representative, whose appointment is under the jurisdiction of NH RSA 128:1. He or she shall have such police powers as may be designated by NH RSA 147-4 and NH RSA 147-5.
- “Sanitary food code” means He-P23 00 “New Hampshire Rules for the Sanitary Production and Distribution of Food” as adopted and amended from time to time by the state of New Hampshire, Department of Health and Human Services, Division of Public Health Services.
- “Temporary food service establishment” means any food service establishment which operates at a fixed location for a temporary period of time, not to exceed fourteen (14) days, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.(Ord. 2-4-86 § 1)
5.16.020 Sanitary food code
Every restaurant and food service establishment within the town shall comply with the provisions of the sanitary food code which is incorporated by reference in this chapter and made a part of these regulations. (Ord. 24-86 § 2)
5.16.030 License
It is unlawful for any person, entity or corporation to operate a food service establishment within the town without a valid license issued by the licensing health authority. No license shall be issued to nor retained by any applicant who shall fail to comply with the requirements of the regulations set forth in this chapter. No license shall be transferable to any other person, entity or corporation, nor from one location to another. A valid license shall be posted in every restaurant and food service establishment. A license for temporary food service establishments shall be issued for a period of time not to exceed fourteen (14) days. (Ord. 2010-018, 01-24-11; Ord. 2-4-86 § 3)
- Any person desiring to operate a restaurant or other food service establishment shall make written application for a license on forms provided by the licensing health authority. Upon receipt of such an application and the designated license administrating fee, and after inspection reveals that the applicable requirements of the regulations have been met, a license shall be issued to the applicant by the licensing health authority.
- [License Expiration Date – Repealed, January 24, 2011]
- [License Fee Schedule – Repealed, January 24, 2011]
5.16.050 Suspension of licenses and temporary closing of operations or violators
- Any restaurant or other food service establishment within the town which fails to comply with the requirements of this sanitary and health code may be closed by the health authority without a hearing for a period not to exceed ten (10) days or until the violation is corrected and the sanitary condition is approved by the health authority.
- When a licensee has failed to comply with a notice or order to remedy the health authority under the provisions of these regulations, may petition the Commissioner of the Department of Health and Human Services (DHHS) that the license be immediately suspended. (Ord. 2010-018 5.16.050 § A & B, 01-24-11; Ord. 24-86 § 3b)
(Ord. 2010-018 § 5.16040 A, B & C, 01-24-11; Ord. 2-4-86 § 3a)
5.16.060 Reinstatement of suspended licenses
Any person whose license had been suspended may, at any time, make application for a re-inspection for the purpose of reinstatement of the license. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his or her opinion the conditions causing the suspension of the license have been corrected, the health authority shall make a re-inspection. If the applicant shall be in compliance with the requirements of these regulations, the license shall be reinstated. (Ord. 2-4-86 § 3c)
5.16.070 Revocation of license
For serious or repeated violations of any of the requirements of these regulations, or for interference with the health authority in the performance of his or her duties, the health authority shall petition the Commissioner of the Department of Health and Human Services (DHHS) that the license be permanently revoked or withheld after a hearing has been provided by the board of health. Prior to such action, the health authority shall notify the licensee in writing stating the reasons for which the license is subject to revocation and date, time and place of such hearing. (Ord. 2010-018, 01-24-11; Ord. 24-86 § 3d)
5.16.080 Hearing
The hearings provided for in this section shall be conducted by the board of health at a time and place designated by them. Based upon the record of such hearing, the board of health shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. Written report of the hearing decision shall be furnished to the license holder by the board of health. Hearings shall be conducted within fourteen
(14) days of notification to the licensee. (Ord. 24-86 § 3e)
5.16.090 Inspection of food service establishments [Repealed, January 24, 2011] (Ord. 2010-018, 01-24-11; Ord. 2-4-86 § 4)
5.16.100 Inspection report [Repealed, January 24, 2011] (Ord. 2010-018, 01-2411; Ord. 2-4-86 §4a)
5.16.110 Access to establishments
The health authority, after proper identification, shall be permitted to enter at any reasonable time, any restaurant or food service establishment within the town for the purpose of making inspections to determine compliance with these regulations. He or she shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed. (Ord. 2-4-86 § 4b)
- Whenever the health authority shall make an inspection of a restaurant or food service establishment, and discover that any of the requirements of the sanitary food code have been violated, he or she shall notify the license holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall:
- Set forth the specific violations found;
- Establish a specific and reasonable period of time for the correction of the violations found.
- In the case of temporary food service establishments, violations must be corrected within a specified period of time not to exceed twenty-four (24) hours. Failure to comply with such notice shall result in immediate suspension of the license. (Ord.2-4-86 § 4c)
- Notices provided for under this section shall be deemed to have been properly served when the original of the inspection report for or other notice has been delivered personally to the license holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the licensee. A copy of such notice shall be filed with the records of the health authority.
- Nothing herein shall preclude a suspension of license and temporary closing of violators as set forth in Section 5.16.050 of this chapter. (Ord. 2-4-86 § 4d)
5.16.140 Food from outside jurisdiction of town
Food from food service establishments outside the jurisdiction of the health authority of the town may be sold within the town if such food service establishments conform to the provisions of these regulations. To determine the extent of compliance with such provisions, the health authority may accept reports from responsible authorities in other jurisdictions where such food service establishments are located. (Ord. 2-4-86 § 5)
5.16.150 Plan review of future construction
When a restaurant or food service establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials or work areas, and the location, size and type of fixed equipment and facilities shall be submitted to the health authority for approval before such work is begun, in order that the health authority may determine that the proposed construction will comply with all applicable health codes and regulations. No building permit shall be issued by the building inspector until such approval has been given by the health authority. (Ord. 2-486 § 6)
5.16.160 Penalties
Any person willfully violating such regulations shall be guilty of a violation. (Ord. 24-86 § 7
5.16.170 Payment for health authority services [Repealed, January 24, 2011] (Ord. 2010-018, 01-24-11; Ord. 2-4-86 § 8)
5.16.180 Change in Ownership of a Food Establishment
- When there is a change of ownership of a food establishment, the new owner shall make application to the health authority at least fourteen (14) days prior to the change of ownership.
- Upon receipt and processing of the items required by (a) above, and after an inspection conducted in accordance with these regulations which shall also determine compliance with the Sanitary Food Code, the health authority shall issue a Compliance Certificate reflecting the change in ownership.
- The issuance of a Compliance Certificate due to a change in ownership shall void the license of the previous owner on the date the change of ownership occurs.
(Ord. 2010-018 5.16.180 § A, B, & C, 01-24-11)
5.16.190 Change in Name of a Food Establishment
- When a license holder intends to change the name of a food establishment, that license holder shall make application to the health authority at least fourteen (14) days prior to the intended date of change in name.
- The application shall include:
- The reason for requesting a new license;
- The name of the food establishment as it appears on the existing license;
- The name of the food establishment as the license holder requests it to appear on the new license; and
- The date upon which the change in name is intended to occur.
- Following receipt and processing of the items required by (a) and (b) above, and after an inspection conducted in accordance with these regulations which shall also determine compliance with Chapters 4, 5, and 6 of the Food Code, the health authority shall issue a Compliance Certificate reflecting the name change.
(Ord. 2010-018 5.16.180 § A, B, & C, 01-24-11)
5.16.200 Change in Location of a Food Establishment
- When there is a change of location of a food establishment, the license holder shall make application to the health authority at least fourteen (14) days prior to the intended date for change of location.
- Upon receipt and processing of the items required by (a) above, and after an inspection conducted in accordance with these regulations which shall also determine compliance with the Sanitary Food Code, the health authority shall issue a Compliance Certificate reflecting the change of location.
- The issuance of a Compliance Certificate due to a change in location shall void the previous license on the date the change of location occurs.
- This section shall not apply to mobile food units, pushcarts or vehicles used to sell retail food.
(Ord. 2010-018 5.16.180 § A, B, C & D, 01-24-11)