Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-02 - License

Current through all regulations passed and filed through July 1, 2024
(A) During the
			 month of February of each year, except as hereinafter provided, every person
			 that operates a retail food establishment shall apply for a license for that
			 year from the licensor of retail food establishments for the area in which the
			 retail food establishment is located. This provision shall apply to all retail
			 food establishments except seasonal retail food establishments, mobile retail
			 food establishments, temporary retail food establishments, and new retail food
			 establishments opened for business subsequent to March first of each year.
All licenses issued to retail food establishments expire
				pursuant to division (C) of section
				3717.23 of the Revised
				Code.
(B) An application for
			 a license to operate a new retail food establishment during any part of the
			 year shall be filed as hereinafter provided not less than ten days before the
			 retail food establishment is opened for business. If proper application has
			 been made, the facility layout and equipment specifications have been approved
			 and complied with on the final inspection, and all items are in compliance with
			 Chapter 3717. of the Revised Code, Chapter 3717-1 of the Administrative Code,
			 and this chapter; the ten-day waiting period may be waived and the license
			 issued. The operator of a low risk and high risk
			 mobile retail food establishment shall make application for a license to the
			 board of health of the health district in which the operator's business
			 headquarters are located. The operator of a mobile retail food establishment
			 whose business address is located outside of Ohio shall make application for a
			 license to the board of health having jurisdiction over the operator's first
			 Ohio location in any one licensing year. A retail food establishment license
			 issued to an operator of a mobile retail food establishment by an approved
			 health district, as provided in Chapter 3717. of the Revised Code, shall be
			 recognized by all other licensors in this state.
(C) The operator of a retail food
			 establishment shall make written application for a license to the licensor on
			 an application form prescribed or approved by the director
			  which shall contain all
			 pertinent information related to the premises utilized for the retail food
			 establishment.
(D) Fees for issuing
			 and renewing retail food establishment licenses, determined by the licensor in
			 accordance with section
			 3717.25 of the Revised Code, may
			 be levied upon each retail food establishment. These fees shall be used solely
			 for paying the expense of the administration and enforcement of Chapter 3717.
			 of the Revised Code, Chapter 3717-1 of the Administrative Code, and this
			 chapter.
(1) In determining the amount of the
			 annual license fee, the licensor shall use the categories established by rule
			 901:3-4-03 of the
			 Administrative Code and the cost analysis established by rule
			 901:3-4-04 of the
			 Administrative Code.
(2) If a
			 license fee as prescribed under 
			 paragraph (D) of this rule is not filed with the
			 licensor or postmarked on or before the due date
			 , a penalty of twenty-five per
			 cent of any such fee shall be imposed and paid.
(3) Fees authorized or charged under
			  paragraph (D)
			 of this rule shall be in lieu of all retail food establishment
			 license fees required by the licensor on or with respect to the
			 operation of, ownership of, or employment by
			 retail food establishments within this state, except as provided in paragraph
			 (C) of rule
			 901:3-4-03 of the
			 Administrative Code.