[HISTORY: Adopted by the City Council of the City of Dover 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 99 of the 2013 Code. Amendments noted where applicable.]
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.
HEALTH OFFICER
The Health Officer of the City of Dover.
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.
A. 
It shall be unlawful to operate a restaurant in the City of Dover without a license. Licenses shall be posted in a conspicuous place.
B. 
The Board of Health is authorized to suspend or revoke a license. Applicants who are denied a license and license holders who are the subject of administrative action shall be entitled to notice and a hearing before the Board of Health.
C. 
All restaurant licenses of the City of Dover shall expire on the 31st day of May annually. A person conducting a temporary food service establishment shall be required to secure a license.
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.
A. 
Floors. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair.
B. 
Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
C. 
Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
D. 
Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well-lighted.
E. 
Ventilation. All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well-ventilated.
F. 
Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees and patrons conforming to the ordinances of the City of Dover. Rooms in which toilet facilities are provided shall not open directly into any room in which food, drink or utensils are handled or stored. Separate toilet rooms for each sex shall be provided for patrons of any restaurant designed to seat 25 or more patrons at one time or for patrons of any food establishment where alcoholic beverages are served. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, well-lighted and ventilated. The floor of toilet rooms shall be of nonabsorbent materials or covered with such materials and made watertight with a suitable waterproofing material. The requirement of providing toilet facilities for patrons shall not apply to stores serving lunches, roadside refreshment booths or to places of temporary character serving food, and one conveniently located toilet shall be deemed adequate for employees.
G. 
Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.
H. 
Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided for employees, including hot and cold running water and soap from a dispenser and approved sanitary towels. The use of a common towel and drinking cup is prohibited. No employees shall resume work after using the toilet room without first washing their hands, and a sign shall be posted in each toilet room used by employees instructing the same.
I. 
Construction of utensils and equipment. All multi-used utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operating of a restaurant shall be so constructed as to be easily cleaned and shall be in good repair. Chipped or cracked glasses, dishes and utensils shall not be used in any establishment. Such articles in the condition described above are to be discarded immediately.
J. 
Cleansing and bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, sinks and other equipment used with the operation of a restaurant, shall be kept clean and free from dust, dirt, insects and other contaminating material. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to one of the following approved bactericidal processes after each usage:
(1) 
Immersion for at least two minutes in clean, hot water at a temperature of not less than 170° F. or for at least 1/2 minute in water at the full-boiling temperature. The pouring of scalding water over the washed utensils shall not be accepted as satisfactory compliance.
(2) 
Exposure in a steam cabinet at a temperature of not less than 170° F. for not less than 15 minutes or not less than 200° F. for at least five minutes.
(3) 
Exposure in a hot-air oven at a temperature of not less than 180° F. for not less than 20 minutes.
(4) 
Immersion for at least two minutes in a lukewarm chlorine bath containing in excess of 50 parts per million of available chlorine.
(5) 
Immersion for at least two minutes in a rinse containing a bactericidal agent whose concentration and composition have been approved by the State Department of Health and Human Services. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish or other substance containing any cyanide preparation or other poisoning material shall be used for the cleaning or polishing of utensils.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
K. 
Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust and other contamination and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner. All ice cream scoops or other utensils for the dispensing of ice cream shall be kept in a container supplied with constant running water.
L. 
Disposal of waste. All waste shall be properly disposed of, and all garbage and trash shall be kept in metal waste cans provided with tightly fitting covers, which shall be kept covered at all times when not in use. The ground area around cans shall be free of rubbish at all times.
M. 
Refrigeration. All readily perishable food and drink shall be kept at or below 40° F. except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of.
N. 
Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream and other frozen desserts served shall be pasteurized and shall be from an approved source. Milk and fluid milk products shall be served in the individual original containers as delivered to the dispenser by the dairy plant or from an approved dispensing device in preparing flavored milk drinks, provided that this requirement shall not apply to cream, which may be served from the original bottle or from an approved dispenser for such service. All oysters, clams and other shellfish shall be from approved sources and bear such identification as required by the State Department of Health and Human Services and, if shucked, shall be kept until used in the containers in which they were placed at the shucking plant or bear identification as to their origin.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
O. 
Storage, display and serving of food and drink. All food and drink shall be stored, displayed and served as to be protected from dust, flies, vermin and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other sources of contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches and rodents shall be used. All parts of a restaurant used for preparing or storage of food shall be satisfactorily ratproofed.
P. 
Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment.
Q. 
Miscellaneous. The premises of all restaurants shall be kept clean and free of litter and rubbish. None of the operation connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing. Garments to be worn while preparing or serving food shall not be stored in toilet rooms. Soiled linens, coats and aprons shall be stored in containers provided for this purpose.[1]
[1]
Editor's Note: Original § 99-7 of the 2013 Code, Reimbursement of license fee, which immediately followed this section, was repealed 2-12-2020 by Ord. No. 2020.01.08-001.
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.