[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:
The City Board of Health.
The City Environmental Health Department.
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.
The Health Officer of the City of Nashua.
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; 8-9-2022 by Ord. No. O-22-022]
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:
|
Category
|
Description; Fee
|
|---|---|
|
(A-1)
|
Supermarkets and wholesale clubs with bulk food, salad bar,
and/or kitchen or food buffet: $1,000.
|
|
(B-1)
|
Restaurants with seating capacity >100 seats; supermarkets as
not defined in A-1; mall restaurants with common seating; hotels without
banquet and/or function rooms: $550.
|
|
(B-2)
|
Hotels and country clubs with banquet and/or function rooms:
$1,500.
|
|
(C-1)
|
Restaurants with seating capacity >25 but <100; bakeries;
food distributors; nursing homes; hospitals; food processors; beverage
manufacturers; commissaries; caterer; retail markets with no more
than two retail designations: $350.
|
|
(C-2)
|
Retail markets with three or more designations: $450.
|
|
(D-1)
|
Restaurants with <25 seats; private schools; child-care facilities;
mobile vendors; retail markets selling only prepackaged items: $200.
|
|
(E-1)
|
Social clubs; seasonal concession stands; seasonal vendors:
$100.
|
|
(E-2)
|
Vending locations: $25.
|
|
(F-1)
|
Public schools, religious institutions, soup kitchens, food
pantries, nonprofit organizations not holding a liquor license: no
fee.
|
|
(G-1)
|
Temporary event vendor: $50. Additional $25 expedite fee for
applications received less than two weeks prior to the event.
|
|
(G-2)
|
Farmers market vendor: $50. Additional $25 expedite fee for
applications received less than two weeks prior to the event.1
|
B.
Annual
license renewal applications received after the 10th day of the month
following license date of expiration will be charged a $25 late fee.
If the renewal application and payment is not received after the 20th
day of the month following license date of expiration, the food service
establishment shall have its license suspended for operating without
a valid license. After renewal and late fee are paid, the facility
will be seen in good standing and may have its license reinstated.
C.
The Environmental Health Department shall make the
final determination as to which license fee is applicable to each
individual food-service operation or establishment. Retail designations
used to determine fees include, but are not limited to, prepacked
food, perishable food, delicatessen, bulk food, salad bar, and shellfish
vendor.
[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 within one business day 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.
[Amended 8-9-2022 by Ord. No. O-22-022]
D.
The cost of such reinspection shall be $200 for fee
categories A-1, B-1, and B-2. The cost of such reinspection shall
be $100 for fee categories C-1, C-2, D-1, E-1, and E-2. There is no
fee to inspect for fire, flood or chemical damage, or to assess damage
to supplies and equipment for insurance purposes.
[Amended 8-9-2022 by Ord. No. O-22-022]
[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:
[Amended 8-9-2022 by Ord. No. O-22-022]
(1)
Major remodeling of existing establishment: $100.
(2)
Remodeling of existing establishment limited to equipment
change and minor structural modifications: $50.
(3)
New food service establishment categorized as A-1,
B-1, or B-2: $200.
(4)
New food service establishment categorized as C-1,
C-2, D-1, or E-1: $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.
