Section 143-A:6 Application; Issue; Fee.
I. Upon receipt of an application in writing from a new food service establishment or retail food store, or a food service establishment or retail food store which has changed ownership, or a food service establishment or retail food store which has had its previous license revoked, the commissioner may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant's plan for operation and facilities are sufficient under rules adopted under RSA 143-A:9. Any food service establishment or retail food store which has had its license revoked shall not be eligible to apply for a provisional license until it (a) presents a plan for the correction of any deficiencies which led to the specific revocation, and (b) passes a food safety class, subsequent to the revocation of the license, meeting the standards of The Conference for Food Protection. In order to fulfill the requirements of this section, the new remedial plan shall first receive the approval of the commissioner. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
II. Within 45 days of issuance of a provisional license issued under this section, the commissioner shall conduct an inspection. If following such inspection the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a license valid for a time period of one year following the date of issuance of the provisional license. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
III. Upon receipt of an application for renewal of a license from an existing food service establishment or retail food store, the commissioner may conduct an inspection. If the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a new license valid for one year.
IV. Licenses and provisional licenses are not transferable.
V. The commissioner shall charge a fee for each license application processed, for each plan review conducted, and for each inspection performed; provided that the commissioner shall charge only one fee for the provisional license and the license.
Source. 1986, 106:1. 1989, 408:14. 1990, 193:6. 1995, 308:23; 310:183. 1997, 256:2. 1999, 307:8, eff. Sept. 14, 1999. 2005, 229:3, eff. Sept. 9, 2005.