Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02 - License

Current through all regulations passed and filed through July 1, 2024
(A) During the month of February of each
			 year, and not later than March first, except as hereinafter provided, every
			 operator of a food service operation proposing to operate during any part of
			 the licensing year shall apply for a license for that year from the board of
			 health of the health district in which the food service operation is located.
This provision shall apply to all food service operations
				except seasonal food service operations, mobile food service operations,
				temporary food service operations, and new food service operations opened for
				business subsequent to March first of each year. All licenses issued to a food
				service operation expire pursuant to division (C) of section
				3717.43 of the Revised
				Code.
(B) An application
			 for a license to operate a new food service operation during any part of the
			 year shall be filed as hereinafter provided not less than ten days before the
			 food service operation 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 and Chapter
								3717-1 of
			 the Administrative Code, the ten-day waiting period may be waived and the
			 license issued.
(C) The operator of
			 a mobile food service operation 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 food service operation 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 food service license issued to an
			 operator of a mobile food service operation by an approved health district, as
			 provided in Chapter 3717. of the Revised Code, shall be recognized by all other
			 licensors in this state.
(D) The
			 operator of a food service operation shall make written application for a
			 license to the licensor on an application form prescribed by the director of
			 health which shall contain all pertinent information related to the portions of
			 the premises utilized for the food service operation.
(E) Fees for issuing and renewing food
			 service operation licenses, determined by the licensor in accordance with
			 section 3717.45 of the Revised Code, may
			 be levied upon each food service operation. These fees shall be used solely for
			 paying the expense of the administration and enforcement of Chapter 3717. of
			 the Revised Code and 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
			 3701-21-02.1 of the Administrative Code and the cost analysis established by
			 rule 3701-21-02.2 of the Administrative Code.
(2) If a license fee as prescribed under this
			 paragraph is not filed with the licensor or postmarked on or before the date it
			 is due, a penalty of twenty-five per cent of any such fee shall be imposed and
			 paid.
(3) Fees authorized or
			 charged under this paragraph shall be in lieu of all food service operation
			 license and inspection fees required by the licensor on or with respect to the
			 operation of, ownership of or employment by food service operations within this
			 state, except as provided in paragraph (C) of rule 3701-21-02.1 of the
			 Administrative Code.