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 
								will 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 
									applies 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
			 
								will 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 
								will 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 
								will 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, 
								will be recognized by all other licensors in this
			 state.
(D) The operator of a food
			 service operation 
								will make written application for a license to
			 the licensor on an application form prescribed by the director of health which
			 
								is to
			 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 
								are to 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 
									will 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
			 
									will be
			 imposed and paid.
(3) Fees
			 authorized or charged under this paragraph 
									will be in lieu
			 of all food service operation license  fees 
									mandated 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.