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City of Nashua, NH
Hillsborough County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen of the City of Nashua NRO 1975, T. 7, §§  801 to 816 (Secs. 9-16 to 9-31 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 83.
[Amended 9-15-1978 by Ord. No. O-78-79; 2-26-2008 by Ord. No. O-08-07]
The following words and phrases, as used in this chapter, shall have the meaning given in this section:
BOARD
The City Board of Health.
DEPARTMENT
The City Environmental Health Department.
FOOD-SERVICE ESTABLISHMENT
Any fixed or mobile restaurant; pushcart; coffee shop; soda fountain; tavern; bar; cocktail lounge; nightclub; 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 the 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 OFFICER
The Health Officer of the City of Nashua.
TEMPORARY FOOD-SERVICE ESTABLISHMENT
Any food-service establishment which operates at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.
[Amended 9-15-1978 by Ord. No. O-78-79; 5-13-1980 by Ord. No. O-80-32]
It shall be unlawful for any person to operate a food-service establishment or a temporary food-service establishment within the City who does not possess a valid food-service license for that establishment issued by the Department. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a license. A valid license shall be posted in public view in every food-service establishment. Licenses shall not be transferable from one person to another person or place. All licenses except temporary food-service licenses shall be effective for one year from the date of issuance.
[Amended 9-15-1978 by Ord. No. O-78-79; 5-14-1985 by Ord. No. O-85-151; 10-8-1985 by Ord. No. O-85-169; 6-14-1988 by Ord. No. O-88-40; 12-26-2001 by Ord. No. O-01-176]
The Health Officer may issue a license to any food-service establishment upon receipt of a written application on a form furnished by the Health Officer and setting forth such information concerning the applicant and his operation and facilities as may be required by regulations. A license shall be granted upon the express condition that the food-service establishment complies with all the requirements of this chapter, and the applicant agrees at all times to conduct his operation and maintain his facilities in accordance with the requirements of this chapter and those regulations promulgated hereunder and furthermore, that the applicant is free of any delinquency in any form of taxes, fees or contractual obligations to the City as required by § 1-12 of the City Code.
[Added 7-12-2016 by Ord. No. O-16-014]
Wine manufacturers, beverage manufacturers, nano breweries, and brew pubs may provide samples for tasting to persons of legal drinking age at farmers' markets, provided that they obtain a license as required by §§ 170-2 and 170-3 of the City Code and provide the New Hampshire Liquor Commission with a copy of the license. Samples of beer and wine shall be restricted to clearly defined areas approved by the New Hampshire Liquor Commission and be limited to one four-ounce sample per label per person for any beer, specialty beer, or cider, and one two-ounce sample per label per person for any wine. The terms "beverage," "brew pub," and "farmers' markets" shall have the meanings as defined in RSA 175:1. The term "wine" shall mean "wine-fortified" and "wine-table" as defined in RSA 175:1. A "nano brewery" is a business that manufactures "beer" or "specialty beer," as those terms are defined in RSA 175:1, not exceeding 2,000 barrels annually for sale in any quantity.
[Amended 5-14-1985 by Ord. No. O-85-151; 10-8-1985 by Ord. No. O-85-169; 6-14-1988 by Ord. No. O-88-40; 12-26-2001 by Ord. No. O-01-176;3-28-2006 by Ord. No. O-06-06]
A. 
Each application for, or renewal of, a license to operate a food-service establishment within the meaning of this chapter shall be accompanied by a fee appropriate to the type and size of the operation in accordance with the following schedule:
(1) 
Bakeries: $175.
(2) 
Caterers: $175.
(3) 
Commissaries: $175.
(4) 
Hospitals: $175.
(5) 
Nursing homes: $175.
(6) 
Private schools: $175.
(7) 
Beverage manufacturing and bottling: $140.
(8) 
Mobile vendors: $140.
(9) 
Shellfish vendors: $140.
(10) 
Churches: $35.
(11) 
Temporary licenses: $35.
(12) 
Food manufacturing and packaging: $280.
(13) 
Social clubs: $45.
(14) 
Vending locations: $15.
(15) 
Retail stores:
(a) 
Prepackaged items only: $90.
(b) 
With perishable foods add: $90.
(c) 
With delicatessen add: $90.
(d) 
With bulk foods/salad bar add: $90.
(16) 
Restaurants: $75.
(a) 
Plus $1.50 per seat (based on Fire Department permit).
(b) 
Plus $1.50 per seat for open air cafe seating.
(17) 
Restaurants with common seating (mall): $200.
B. 
The Environmental Health Department shall make the final determination as to which license fee is applicable to each individual food-service operation or establishment.
[Amended 9-15-1978 by Ord. No. O-78-79]
Except as otherwise provided for in this chapter, the enforcement of this chapter shall be governed by regulations adopted by the State Department of Health and Welfare, Division of Public Health Services, under the authority of RSA Chapter 143, commonly referred to as the "Sanitary Food Code."
[Amended 9-15-1978 by Ord. No. O-78-79]
Whenever the Health Officer or his designated representative, based upon an on-site inspection, determines that there are reasonable grounds to believe that violations of this chapter or the regulations adopted under § 170-5 have occurred, notice of such alleged violations shall be given to the owner or his agent. Such notice shall:
A. 
Be in writing;
B. 
Include statements enumerating alleged violations and identifying the basis of the violation;
C. 
Where appropriate, indicate corrective actions to be taken;
D. 
Allow a reasonable time for the performance of any act required;
E. 
Be served upon the owner or his agent as the case may require, provided that such notice or order shall be deemed to have been properly served upon such owner or his agent when the inspection report form containing information required by Subsections B, C and D above has been completed and signed by the inspecting official and the owner or his agent and a copy thereof has been provided to the owner or his agent.
[Amended 9-15-1978 by Ord. No. O-78-79]
Whenever the Health Officer or his designated representative finds repeated violations of this chapter or unsanitary or other conditions in the operation of a food-service establishment or temporary food-service establishment, which in his judgment constitute a substantial hazard to the public health, he may without warning, notice or hearing issue a written notice to the license holder citing such conditions, specifying the corrective action to be taken, and stating that the license is immediately suspended and all food-service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Officer shall be afforded a hearing within 10 days of such petition.
[Amended 9-15-1978 by Ord. No. O-78-79]
Any person whose license under this chapter has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the license. Within 10 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 Environmental Health Department shall make a reinspection. If the applicant is complying with the requirements of this chapter and regulations promulgated hereunder, the license shall be reinstated.
[Amended 9-15-1978 by Ord. No. O-78-79]
The hearing provided for in § 170-7 shall be conducted by the Health Officer at a time and place designated by him. Based upon the evidence presented, the Health Officer 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 discussion shall be furnished the license holder by the Health Officer.
[Amended 9-15-1978 by Ord. No. O-78-79]
For serious and repeated violations of any of the requirements or provisions of this chapter or regulations promulgated hereunder, or for interference with the Health Officer or his designated representative in the performance of his duties, the license of a food-service establishment may be permanently revoked after an opportunity for a hearing has been provided by the Board of Health. Prior to such action the Health Officer shall notify the license holder in writing, stating the reasons for which the license is subject to revocation and advising the time and place at which the Board will consider such action and that the license holder may be present and present evidence on his behalf.
[Amended 9-15-1978 by Ord. No. O-78-79; 5-14-1985 by Ord. No. O-85-152]
A. 
The operation and facilities of all licensees under this chapter shall be inspected at least twice a year.
B. 
The Health Officer or his designated representative shall have access to all food-service establishments at any hour during which the food-service establishment is in operation for the enforcement of the provisions of this chapter.
C. 
Whenever an inspection of a food-service establishment is conducted, a record of the inspection and findings shall be recorded on a uniform inspection report form which has been approved by the Health Officer. This form shall summarize the requirements necessary for such establishments to meet the minimum standards as governed by regulations adopted under § 170-5. A copy of the completed inspection form shall be furnished to the owner or operator of the food-service establishment at the time of inspection in accordance with § 170-6. Reinspection may be required if the routine inspection rating does not meet minimum guidelines and criteria established by the department.
D. 
The cost of such reinspection shall be 1/2 of the cost of the annual license fee of the food-service establishment. There is no fee to inspect for fire, flood or chemical damage, or to assess damage to supplies and equipment for insurance purposes.
[Amended 5-14-1985 by Ord. No. O-85-153; 6-14-1988 by Ord. No. O-88-40]
A. 
When a food-service establishment is constructed or 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 of materials of work areas, and the location, size and type of fixed equipment and facilities shall be submitted in duplicate to the Health Officer or his designated representative for approval before such work is begun.
B. 
Fees for the mandatory food-service plan review and associated inspection(s) are established in accordance with the following schedule:
(1) 
Major remodeling of existing establishment: $75.
(2) 
Remodeling of existing establishment limited to equipment change and minor structural modifications: $35.
(3) 
Food-service establishments other than restaurants or supermarkets: $75.
(4) 
New restaurant with less than 50 seats: $75.
(5) 
New restaurant with 50 to 100 seats: $100.
(6) 
New restaurant with more than 100 seats: $125.
(7) 
Supermarkets: $125.
[Amended 9-15-1978 by Ord. No. O-78-79]
All new multiuse utensils and equipment shall meet current National Sanitation Foundation standards or their equivalent as determined by the Health Officer. If no standard exists for the item, it shall be determined satisfactory if it is so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair, and the food contact surfaces of such equipment and utensils shall in addition be easily accessible for cleaning, nontoxic, corrosion-resistant and relatively nonabsorbent.
[Amended 9-15-1978 by Ord. No. O-78-79]
Any item of equipment or any utensils used in a food-service establishment found in violation of this chapter shall be subject to seizure and restraint. All adulterated and misbranded foods shall be subject to embargo and condemnation as provided in RSA 146:20.
[Amended 9-15-1978 by Ord. No. O-78-79]
A. 
Anyone having knowledge of or suspecting a food-borne disease outbreak shall report it immediately by telephone to the City Environmental Health Department.
B. 
When the Health Officer or his representative has reasonable cause to suspect the possibility of disease transmission from any food-service establishment or its employees, he shall make or cause to be made such investigations as may be indicated and shall take appropriate action.
[Amended 9-15-1978 by Ord. No. O-78-79; 3-12-1985 by Ord. No. O-84-79]
Any person who violates any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished as provided in § 1-12 of the City Code. In addition thereto, such person may be enjoined from continuing such violations. Each day upon which such a violation occurs constitutes a separate violation.