As used in this chapter, the following terms mean:
EMPLOYEE
Any person who handles food or drink during preparation or
serving or who comes in contact with any eating or cooking utensils
or who is employed in a room in which food or drink is prepared or
served.
PERSON
Person, firm, corporation or association.
RESTAURANT
A restaurant, coffee shop, cafeteria, short-order cafe, luncheonette,
tavern, sandwich stand, soda fountain, mobile lunch cart and all other
eating or drinking establishments, as well as kitchens or other places
in which food or drink is prepared for sale elsewhere.
TEMPORARY FOOD SERVICE ESTABLISHMENT
One operating for a temporary period (one day up to six months)
in connection with a fair, carnival, circus, public exhibition or
other similar gatherings.
UTENSILS
Includes any kitchenware, tableware, glassware, cutlery,
utensil containers or other equipment with which food or drink comes
in contact during storage, preparation or serving.
Annual license fees shall be in accordance with the current
Fee Schedule as adopted by the City Council.
Samples of food or drink and other substances may be taken and
examined by the Health Officer as often as may be necessary for the
detection of unwholesomeness or adulteration. The Health Officer may
condemn or forbid the sale of or cause to be removed or destroyed
any food or drink which is unwholesome or adulterated.
At least once every six months, if the Health Officer discovers
the violation of any item of sanitation, he shall notify the proprietor
or his agent, in writing, and make a second inspection after the lapse
of such time as he deems necessary for the defect to be remedied,
and the second inspection shall be used in determining compliance
with the requirements of this chapter. The person operating the restaurant
shall, upon a request of the Health Officer, permit access to all
parts of the establishment.
After a suspension or revocation of a license and when a statement
from the applicant has been received stating correction of violations,
the Health Officer shall reinspect the establishment for compliance
to determine whether the establishment may be reinstated. Further
reinspections may be conducted by the Health Officer.
No person who is infected with any disease in a communicable
form or is a carrier of such disease shall work in any restaurant,
and no restaurant shall employ any such person suspected of being
a carrier of such disease. If the restaurant manager suspects that
any employee has contracted any disease in a communicable form or
has become a carrier of such disease, he shall notify the Health Officer
immediately.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person violating any provision of this chapter shall be
guilty of a violation and, upon conviction, shall be fined as provided
in the City Fine Schedule, and each day of such violation or failure
to comply shall constitute a separate offense.
[Amended 2-22-2023 by Ord. No. 2023.02.08-003]
Any restaurant as defined in this chapter which is duly authorized and licensed by the State of New Hampshire to sell alcoholic beverages for this purpose may also apply to the Licensing Board for a permit to sell and serve alcoholic beverages on a City sidewalk immediately adjacent to said restaurant, or any outdoor dining area as permitted by Chapter
125, Streets and Sidewalks, §
125-20, in conjunction with the service of bona fide meals. The Licensing Board shall be responsible to ensure that the placement of tables and chairs for this purpose does not obstruct the free passage of pedestrians.