As used in this chapter, the following terms shall have the
meanings indicated:
BOARD OF HEALTH
The Town Council of the Town of Merrimack and the Health
Officer, in accordance with RSA 128:3.
HEALTH OFFICER
The Health Officer of the Town of Merrimack, New Hampshire,
or his or her designated representatives. He or she shall have such
police powers as may be designated by the New Hampshire Revised Statutes
Annotated.
RESTAURANT and FOOD SERVICE ESTABLISHMENT
Includes all such establishments defined as such by the State
of New Hampshire, Department of Health and Human Services, Sanitary
Production and Distribution of Food He-P 2300.
SANITARY FOOD CODE
The Sanitary Food Code, as adopted and amended, from time
to time, by the State of New Hampshire, Department of Health and Human
Services, Sanitary Production and Distribution of Food He-P 2300.
Every restaurant and food service establishment within the Town
of Merrimack shall comply with the provisions of the Sanitary Production
and Distribution of Food He-P 2300, which is herein incorporated by
reference and made a part of this chapter.
Any person desiring to operate a restaurant or other food service
establishment shall make written application for a license on forms
provided by the Health Officer. Upon receipt of such an application
and the designated license administrative fee, and after the inspection
confirms that the applicable requirements of the regulations have
been met, a license shall be issued to the applicant by the Health
Officer.
A. License fees and fee schedule shall be as stated in the New Hampshire
Sanitary Production and Distribution of Food Code He-P 2300 as amended
from time to time by the State of New Hampshire.
Licenses expire 12 months after the issue date of license and
must be renewed.
Any person whose license has been suspended may, at any time,
make application for a reinspection for the purpose of reinstatement
of the license. Within five days following receipt of a written request,
including a statement signed by the applicant that, in his opinion,
the conditions causing suspension of the license have been corrected,
the Health Officer shall make a reinspection. If the establishment
is in compliance with the requirements of this chapter, the license
shall be reinstated.
The hearings provided for in §
136-6 and §
136-7 shall be conducted by the Board of Health at a time and place designated by it. 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. A written report of the hearing decision shall be furnished to the license holder by the Board of Health within five days of decision.
Food from food service establishments outside the jurisdiction
of the Town of Merrimack may be sold within the Town of Merrimack
if such food service establishments conform to the provisions of this
chapter. To determine the extent of compliance with such provisions,
the Health Officer may accept reports from responsible authorities
in other jurisdictions where such food service establishments are
located.
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 of work areas
and the location, size and type of fixed equipment and facilities
shall be submitted to the Health Officer for approval before such
work is begun. No building permit shall be issued by the Building
Inspector until such approval has been given by the Health Officer.
Should any section, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason,
the remainder of said chapter shall not be affected thereby.