SENATORS Wachtmann, Ryan

To amend sections 3709.03, 3709.05, 3709.07, 3715.01,

1

3715.021, 3717.01, 3717.05, 3717.11, 3717.22,

2

3717.25, 3717.42, 3717.45, 4303.021, 4303.13,

3

4303.14, 4303.15, 4303.18, 4303.181, 4303.182, and

4

4303.183, to enact new section 3717.07 and

5

sections 3717.041 and 3717.10, and to repeal

6

section 3717.07 of the Revised Code to exempt

7

certain retail food establishments from the

8

licensing requirement of the Retail Food

9

Establishments Law, to modify requirements relative

10

to wholesale food establishments, to establish new

11

requirements for cottage food production operations

12

and specified other food producers, and to declare

13

an emergency.

14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3709.03, 3709.05, 3709.07, 3715.01,	15
3715.021, 3717.01, 3717.05, 3717.11, 3717.22, 3717.25, 3717.42,	16
3717.45, 4303.021, 4303.13, 4303.14, 4303.15, 4303.18, 4303.181,	17
4303.182, and 4303.183 be amended and new section 3717.07 and	18
sections 3717.041 and 3717.10 of the Revised Code be enacted to	19
read as follows:	20

Sec. 3709.03.  (A) There is hereby created in each general	21
health district a district advisory council. A council shall	22
consist of the president of the board of county commissioners, the	23
chief executive of each municipal corporation not constituting a	24
city health district, and the president of the board of township	25
trustees of each township. The board of county commissioners, the	26
legislative body of a municipal corporation, and the board of	27
township trustees of a township may select an alternate from among	28
themselves to serve if the president, the chief executive, or the	29
president of the board of township trustees is unable to attend	30
any meeting of the district advisory council. When attending a	31
meeting on behalf of a council member, the alternate may vote on	32
any matter on which the member is authorized to vote.	33

The council shall organize by selecting a chair and secretary	34
from among its members. The council shall adopt bylaws governing	35
its meetings, the transaction of business, and voting procedures.	36

The council shall meet annually in marchMarch at a place	37
determined by the chair and the health commissioner for the	38
purpose of electing the chair and the secretary, appointing a	39
member of the board of health, receiving and considering the	40
annual or special reports from the board of health, and making	41
recommendations to the board of health or to the department of	42
health in regard to matters for the betterment of health and	43
sanitation within the district or for needed legislation. The	44
secretary of the council shall notify the district health	45
commissioner and the director of health of the proceedings of such	46
meeting.	47

Special meetings of the council shall be held on the order of	48
any of the following:	49

(1) The director of health;

50

(2) The board of health;

51

(3) The lesser of five or a majority of district advisory	52
council members.	53

The district health commissioner shall attend all meetings of	54
the council.	55

(B) At its annual meetings, the district advisory council	56
shall appoint one member of the board of health. At least one	57
member of the board of health shall be a physician and at least	58
one member shall be an individual who holds a current license to	59
operate a food service operation under Chapter 3717. of the	60
Revised Code and who is recommended for appointment by the	61
restaurant association serving the region in which the general	62
health district is located. Appointments shall be made with due	63
regard to equal representation of all parts of the district.	64

(C) If at an annual or special meeting at which a member of	65
the board of health is to be appointed fewer than a majority of	66
the members of the district council are present, the council, by	67
the majority vote of council members present, may organize an	68
executive committee to make the appointment. An executive	69
committee shall consist of five council members, including the	70
president of the board of county commissioners, the council chair,	71
the council secretary, and two additional council members selected	72
by majority affirmative vote of the council members present at the	73
meeting. The additional members selected shall include one	74
representative of municipal corporations in the district that are	75
not city health districts and one representative of townships in	76
the district. If an individual is eligible for more than one	77
position on the executive committee due to holding a particular	78
office, the individual shall fill one position on the committee	79
and the other position shall be filled by a member selected by a	80
majority affirmative vote of the council members present at the	81
meeting. A council member's alternate for annual meetings may	82
serve as the member's alternate at meetings of the executive	83
committee.	84

Not later than thirty days after an executive committee is	85
organized, the committee shall meet and the council chair shall	86
present to the committee the matter of appointing a member of the	87
board of health. The committee shall appoint the board member by	88
majority affirmative vote. In the case of a combined health	89
district, the executive committee shall appoint only members of	90
the board of health that are to be appointed by the district	91
advisory council, unless the contract for administration of health	92
affairs in the combined district provides otherwise. If a	93
majority affirmative vote is not reached within thirty days after	94
the executive committee is organized, the director of health shall	95
appoint the member of the board of health under the authority	96
conferred by section 3709.03 of the Revised Code.	97

If the council fails to meet or appoint a member of the board	98
of health as required by this section or section 3709.02 of the	99
Revised Code, the director of health, with the consent of the	100
public health council, may appoint the member.	101

Sec. 3709.05.  (A) Unless an administration of public health	102
different from that specifically provided in this section is	103
established and maintained under authority of its charter, or	104
unless a combined city health district is formed under section	105
3709.051 of the Revised Code, the legislative authority of each	106
city constituting a city health district shall establish a board	107
of health, composed of five members appointed by the mayor and	108
confirmed by the legislative authority. At least one member of the	109
board shall be an individual who holds a current license to	110
operate a food service operation under Chapter 3717. of the	111
Revised Code and who is recommended for appointment by the	112
restaurant association serving the region in which the city health	113
district is located.	114

(B) Each member of the board shall be paid a sum not to	115
exceed eighty dollars a day for the member's attendance at each	116
meeting of the board. No member shall receive compensation for	117
attendance at more than eighteen meetings in any year.	118

(C) Each member of the board shall receive travel expenses	119
at rates established by the director of budget and management	120
pursuant to section 126.31 of the Revised Code to cover the actual	121
and necessary travel expenses incurred for travel to and from	122
meetings that take place outside the county in which the member	123
resides, except that any member may receive travel expenses for	124
registration for any conference that takes place inside the county	125
in which the member resides.	126

(D) A majority of the members constitutes a quorum, and the	127
mayor shall be president of the board.	128

(E) The term of office of the members shall be five years	129
from the date of appointment, except that of those first	130
appointed, one shall serve for five years, one for four years, one	131
for three years, one for two years, and one for one year, and	132
thereafter one shall be appointed each year.	133

A vacancy in the membership of the board shall be filled in	134
like manner as an original appointment and shall be for the	135
unexpired term.	136

Sec. 3709.07.  Except as provided in section 3709.071 of the	137
Revised Code, when it is proposed that one or more city health	138
districts unite with a general health district in the formation of	139
a single district, the district advisory council of the general	140
health district shall meet and vote on the question of union. It	141
shall require a majority affirmative vote of the members of the	142
district advisory council to carry the question. The legislative	143
authority of each city shall likewise vote on the question. A	144
majority voting affirmatively shall be required for approval. When	145
the majority of the district advisory council and the legislative	146
authority have voted affirmatively, the chair of the council and	147
the chief executive of each city shall enter into a contract for	148
the administration of health affairs in the combined district.	149
Such contract shall state the proportion of the expenses of the	150
board of health or health department of the combined district to	151
be paid by the city or cities and by the original general health	152
district. The contract may provide that the administration of the	153
combined district shall be taken over by either the board of	154
health or health department of one of the cities, by the board of	155
health of the general health district, or by a combined board of	156
health. Such contract shall prescribe the date on which such	157
change of administration shall be made. A copy of such contract	158
shall be filed with the director of health.	159

The combined district shall constitute a general health	160
district, and the board of health or health department of the	161
city, the board of health of the original general health district,	162
or the combined board of health, as may be agreed in the contract,	163
shall have, within the combined district, all the powers granted	164
to, and perform all the duties required of, the board of health of	165
a general health district.	166

The district advisory council of the combined general health	167
district shall consist of the members of the district advisory	168
council of the original general health district and the chief	169
executive of each city constituting a city health district, each	170
member having one vote.	171

If the contract provides that the administration of the	172
combined district shall be taken over by a combined board of	173
health, rather than the board of health of the original health	174
district, the contract shall set forth the number of members of	175
such board, their terms of office, and the manner of appointment	176
or election of officers. One of the members of such combined	177
board of health shall be a physician, and one member shall be an	178
individual who holds a current license to operate a food service	179
operation under Chapter 3717. of the Revised Code and who is	180
recommended for appointment by a restaurant association serving	181
the region in which the combined district is located. The	182
contract may also provide for the representation of areas by one	183
or more members and shall, in such event, specify the territory to	184
be included in each such area.	185

The appointment of any member of the combined board who is	186
designated by the provisions of the contract to represent a city	187
shall be made by the chief executive and approved by the	188
legislative authority of such city. If a member is designated by	189
the contract to represent more than one city, the member shall be	190
appointed by majority vote of the chief executives of all cities	191
included in any such area. The appointment of all members of the	192
combined board who are designated to represent the balance of the	193
district shall be made by the district advisory council.	194

The service status of any person employed by a city or	195
general health district shall not be affected by the creation of a	196
combined district.	197

Sec. 3715.01.  (A) As used in this chapter:

198

(1) "Public health council" means the public health council	199
established by section 3701.33 of the Revised Code.	200

(2) "Person" means an individual, partnership, corporation,	201
or association.	202

(3) "Food" means:

203

(a) Articles used for food or drink for humans or animals;

204

(b) Chewing gum;

205

(c) Articles used for components of any such articles.

206

(4) "Drug" means:

207

(a) Articles recognized in the United States pharmacopoeia	208
and national formulary, or any supplement to them;	209

(b) Articles intended for use in the diagnosis, cure,	210
mitigation, treatment, or prevention of disease in humans or	211
animals;	212

(c) Articles, other than food, intended to affect the	213
structure or any function of the body of humans or other animals;	214

(d) Articles intended for use as a component of any of the	215
foregoing articles, other than devices or their components, parts,	216
or accessories.	217

(5) "Device," except when used in division (B)(1) of this	218
section and in division (A)(10) of section 3715.52, division (F)	219
of section 3715.60, division (A)(5) of section 3715.64, and	220
division (C) of section 3715.67 of the Revised Code, means any	221
instrument, apparatus, implement, machine, contrivance, implant,	222
in vitro reagent, or other similar or related article, including	223
any component, part, or accessory, that is any of the following:	224

(a) Recognized in the United States pharmacopoeia and	225
national formulary, or any supplement to them;	226

(b) Intended for use in the diagnosis of disease or other	227
conditions, or in the cure, mitigation, treatment, or prevention	228
of disease in humans or animals;	229

(c) Intended to affect the structure or any function of the	230
body of humans or animals, and that does not achieve any of its	231
principal intended purposes through chemical action within or on	232
the body of humans or animals and is not dependent upon being	233
metabolized for the achievement of any of its principal intended	234
purposes.	235

(6) "Cosmetic" means:

236

(a) Articles intended to be rubbed, poured, sprinkled, or	237
sprayed on, introduced into, or otherwise applied to the human	238
body or any part thereof for cleansing, beautifying, promoting	239
attractiveness, or altering the appearance;	240

(b) Articles intended for use as a component of any such	241
article, except that "cosmetic" does not include soap.	242

(7) "Label" means a display of written, printed, or graphic	243
matter upon the immediate container, exclusive of package liners,	244
of any article.	245

Any word, statement, or other information required by this	246
chapter to appear on the label must appear on the outside	247
container or wrapper, if any, of the retail package of the	248
article, or the label must be easily legible through the outside	249
container or wrapper.	250

(8) "Labeling" means all labels and other written, printed,	251
or graphic matter:	252

(a) Upon an article or any of its containers or wrappers;

253

(b) Accompanying such article.

254

(9) "Advertisement" means all representations disseminated in	255
any manner or by any means, other than by labeling, for the	256
purpose of inducing, or that are likely to induce, directly or	257
indirectly, the purchase of food, drugs, devices, or cosmetics.	258

(10) "New drug" means:

259

(a) Any drug the composition of which is such that the drug	260
is not generally recognized among experts qualified by scientific	261
training and experience to evaluate the safety of drugs, as safe	262
for use under the conditions prescribed, recommended, or suggested	263
in the labeling thereof;	264

(b) Any drug the composition of which is such that the drug,	265
as a result of investigation to determine its safety for use under	266
such conditions, has become so recognized, but that has not, other	267
than in an investigation, been used to a material extent or for a	268
material time under such conditions.	269

(11) "Contaminated with filth" applies to any food, drug,	270
device, or cosmetic that has not been protected as far as may be	271
necessary by all reasonable means from dust, dirt, and all foreign	272
or injurious substances.	273

(12) "Honey" means the nectar and saccharine exudation of	274
plants that has been gathered, modified, and stored in a honeycomb	275
by honeybees.	276

(13) "Finished dosage form" means the form of a drug that is,	277
or is intended to be, dispensed or administered to humans or	278
animals and requires no further manufacturing or processing other	279
than packaging, reconstituting, or labeling.	280

(14)(a) "Manufacture" means the planting, cultivating,	281
harvesting, processing, making, preparing, or otherwise engaging	282
in any part of the production of a drug by propagating,	283
compounding, converting, or processing, either directly or	284
indirectly by extracting from substances of natural origin, or	285
independently by means of chemical synthesis, or by a combination	286
of extraction and chemical synthesis, and includes the following:	287

(i) Any packaging or repackaging of the drug or labeling or	288
relabeling of its container, the promotion and marketing of the	289
drug, and other activities incident to production;	290

(ii) The preparation and promotion of commercially available	291
products from bulk compounds for resale by pharmacies, licensed	292
health professionals authorized to prescribe drugs, or other	293
persons.	294

(b) "Manufacture" does not include the preparation,	295
compounding, packaging, or labeling of a drug by a pharmacist as	296
an incident to either of the following:	297

(i) Dispensing a drug in the usual course of professional	298
practice;	299

(ii) Providing a licensed health professional authorized to	300
prescribe drugs with a drug for the purpose of administering to	301
patients or for using the drug in treating patients in the	302
professional's office.	303

(15) "Dangerous drug" has the same meaning as in section	304
4729.01 of the Revised Code.	305

(16) "Generically equivalent drug" means a drug that contains	306
identical amounts of the identical active ingredients, but not	307
necessarily containing the same inactive ingredients, that meets	308
the identical compendial or other applicable standard of identity,	309
strength, quality, and purity, including potency, and where	310
applicable, content uniformity, disintegration times, or	311
dissolution rates, as the prescribed brand name drug and the	312
manufacturer or distributor holds, if applicable, either an	313
approved new drug application or an approved abbreviated new drug	314
application unless other approval by law or from the federal food	315
and drug administration is required.	316

No drug shall be considered a generically equivalent drug for	317
the purposes of this chapter if it has been listed by the federal	318
food and drug administration as having proven bioequivalence	319
problems.	320

(17) "Licensed health professional authorized to prescribe	321
drugs" and "prescriber" have the same meanings as in section	322
4729.01 of the Revised Code.	323

(18) "Home" means the primary residence occupied by the	324
residence's owner, on the condition that the residence contains	325
only one stove or oven used for cooking, which may be a double	326
oven, designed for common residence usage and not for commercial	327
usage, and that the stove or oven be operated in an ordinary	328
kitchen within the residence.	329

(19) "Potentially hazardous food" means a food that is	330
natural or synthetic, with a pH level greater than 4.6 or a water	331
activity value greater than 0.85, or that requires temperature	332
control because it is in a form capable of supporting the rapid	333
and progressive growth of infectious or toxigenic microorganisms,	334
the growth and toxin production of clostridium botulinium, or in	335
raw shell eggs, the growth of salmonella enteritidis.	336

(B) For the purposes of sections 3715.52 to 3715.72 of the	337
Revised Code:	338

(1) If an article is alleged to be misbranded because the	339
labeling is misleading, or if an advertisement is alleged to be	340
false because it is misleading, then in determining whether the	341
labeling or advertisement is misleading, there shall be taken into	342
account, among other things, not only representations made or	343
suggested by statement, word, design, device, sound, or in any	344
combination thereof, but also the extent to which the labeling or	345
advertisement fails to reveal facts material in the light of such	346
representations or material with respect to consequence which may	347
result from the use of the article to which the labeling or	348
advertisement relates under the conditions of use prescribed in	349
the labeling or advertisement thereof or under such conditions of	350
use as are customary or usual.	351

(2) The provisions regarding the selling of food, drugs,	352
devices, or cosmetics include the manufacture, production,	353
processing, packing, exposure, offer, possession, and holding of	354
any such article for sale; and the sale, dispensing, and giving of	355
any such article, and the supplying or applying of any such	356
articles in the conduct of any food, drug, or cosmetic	357
establishment. The provisions do not prohibit a licensed health	358
professional authorized to prescribe drugs from administering or	359
personally furnishing a drug or device to a patient.	360

(3) The representation of a drug, in its labeling or	361
advertisement, as an antiseptic is a representation that it is a	362
germicide, except in the case of a drug purporting to be, or	363
represented as, an antiseptic for inhibitory use as a wet	364
dressing, ointment, dusting powder, or other use that involves	365
prolonged contact with the body.	366

(4) Whenever jurisdiction is vested in the director of	367
agriculture or the state board of pharmacy, the jurisdiction of	368
the board shall be limited to the sale, offering for sale, giving	369
away, delivery, or dispensing in any manner of drugs at the	370
wholesale and retail levels or to the consumer and shall be	371
exclusive in the case of such sale, offering for sale, giving	372
away, delivery, or dispensing in any manner of drugs at the	373
wholesale and retail levels or to the consumer in any place where	374
prescriptions are dispensed or compounded.	375

(5) To assist in effectuating the provisions of those	376
sections, the director of agriculture or state board of pharmacy	377
may request assistance or data from any government or private	378
agency or individual.	379

Sec. 3715.021.  (A) As used in this section,:

380

(1) "wholesale foodFood processing establishment" means a	381
premises or part of a premises where food is processed, packaged,	382
manufactured, or otherwise held or handled for distribution or	383
sale or distribution at wholesale to persons other than the	384
ultimate consumers. "Wholesale foodFood processing establishment"	385
includes the activities of a bakery, confectionery, cannery,	386
bottler, warehouse, or distributor, and the activities of an	387
entity that receives or salvages distressed food for sale or use	388
as food. A "food processing establishment" does not include a	389
cottage food production operation; a processor of maple syrup who	390
boils sap when a minimum of seventy-five per cent of the sap used	391
to produce the syrup is collected directly from trees by that	392
processor; a processor of sorghum who processes sorghum juice when	393
a minimum of seventy-five per cent of the sorghum juice used to	394
produce the sorghum is extracted directly from sorghum plants by	395
that processor; or a beekeeper who jars honey when a minimum of	396
seventy-five per cent of the honey is from that beekeeper's own	397
hives.	398

(2) "Cottage food production operation" means a person who,	399
in the person's home, produces food items including, but not	400
limited to, bakery products that are not potentially hazardous	401
foods, jams, jellies, candy, apple butter, and similar products as	402
defined by rules adopted pursuant to division (G)(3) of this	403
section.	404

(B) The director of agriculture shall adopt rules in	405
accordance with Chapter 119. of the Revised Code and Title 21 of	406
the Code of Federal Regulations that establish, when otherwise not	407
established by the Revised Code, standardsgood manufacturing	408
practices for wholesale food processing establishments, including	409
the facilities of wholesale food processing establishments and	410
their sanitation.	411

A business or that portion of a business that is regulated by	412
the department of agriculture under Chapter 917. or 918. of the	413
Revised Code is not subject to regulation under this section as a	414
wholesale food processing establishment.	415

(C) All food products, including those produced and packaged	416
by a cottage food production operation, and all packaged maple	417
syrup, sorghum, and honey, are subject to food sampling conducted	418
by the director of agriculture, or a representative the director	419
authorizes, to determine if a food product is misbranded or	420
adulterated.	421

(D)(1) Except as provided in division (D)(3) of this	422
section, a cottage food production operation and a maple syrup or	423
sorghum processor and beekeeper described in division (A)(1) of	424
this section shall label each of their food products and include	425
the following information on the label of each of their food	426
products:	427

(a) The name and address of the business of the cottage	428
food production operation, processor, or beekeeper;	429

(b) The name of the food product;

430

(c) The ingredients of the food product, in descending	431
order of predominance by weight;	432

(d) The net weight and volume of the food product, both in	433
United States and metric measurements.	434

(2) A cottage food production operation, in addition to	435
complying with the labeling requirements of division (D)(1) of	436
this section, also shall include on the label each of the	437
operation's food products the following statement in ten-point	438
type: "This product is home produced."	439

(3) The requirements of division (D)(1) and (2) of this	440
section do not apply to apple butter that is produced by a cottage	441
food production operation.	442

(E) Food products identified and labeled in accordance with	443
division (D) of this section are acceptable food products that may	444
be offered for sale at retail food establishments or food service	445
operations licensed under Chapter 3717. of the Revised Code.	446

(F) A maple syrup or sorghum processor and beekeeper	447
described in division (A)(1) of this section may request that the	448
director conduct a voluntary inspection of the processor's or	449
beekeeper's facilities. After the inspection is completed, if the	450
inspector determines that the facilities comply with the rules	451
adopted by the director pursuant to division (G) of this section,	452
the processor or beekeeper may place upon the label of each food	453
product a seal of conformity and inspection of the department of	454
agriculture.	455

(G) The director shall adopt rules in accordance with	456
Chapter 119. of the Revised Code to do all of the following:	457

(1) Establish standards that maple syrup or sorghum	458
processors and beekeepers described in division (A)(1) of this	459
section must satisfy in order to be permitted to place upon the	460
label of their food products a seal of conformity and inspection	461
of the director, as described in division (F) of this section;	462

(2) Adopt a seal of conformity and inspection for purposes	463
described in division (F) of this section;	464

(3) Define the types of foods that a cottage food	465
production operation may produce in addition to the specific foods	466
listed in division (A)(2) of this section, limiting those foods to	467
only foods that are not potentially hazardous foods.	468

(H) A cottage food production operation shall not process	469
acidified foods, low acid canned foods, or potentially hazardous	470
foods.	471

Sec. 3717.01.  As used in this chapter:

472

(A) "Ohio uniform food safety code" means the food safety	473
and related standards adopted under section 3717.05 of the Revised	474
Code.	475

(B) "Food" means any raw, cooked, or processed edible	476
substance used or intended for use in whole or in part for human	477
consumption. "Food" includes ice, water or any other beverage,	478
food ingredients, and chewing gum.	479

(C) "Retail food establishment" means a premises or part of	480
a premises where food, over-the-counter drugs, nutrients designed	481
for use in lieu of pharmaceuticals, and products designed for use	482
as dietary supplements areis stored, processed, prepared,	483
manufactured, or otherwise held or handled for retail sale. Except	484
when expressly provided otherwise, "retail food establishment"	485
includes a seasonal retail food establishment, mobile retail food	486
establishment, and temporary retail food establishment.	487

As used in this division:

488

(1) "Retail" means the sale of food to a person who is the	489
ultimate consumer.	490

(2) "Prepared" means any action that affects a food,	491
including receiving and maintaining it at the temperature at which	492
it was received.	493

(D) "Seasonal retail food establishment" means a retail food	494
establishment that is operated for not more than six months in a	495
licensing period.	496

(E) "Temporary retail food establishment" means a retail	497
food establishment that is operated at an event for not more than	498
five consecutive days, except when operated for more than five	499
consecutive days pursuant to division (E)(2) of section 3717.23 of	500
the Revised Code.	501

(F) "Food service operation" means a place, location, site,	502
or separate area where food intended to be served in individual	503
portions is prepared or served for a charge or required donation.	504
As used in this division, "served" means a response made to an	505
order for one or more individual portions of food in a form that	506
is edible without washing, cooking, or additional preparation and	507
"prepared" means any action that affects a food other than	508
receiving or maintaining it at the temperature at which it was	509
received.	510

Except when expressly provided otherwise, "food service	511
operation" includes a catering food service operation, food	512
delivery sales operation, mobile food service operation, seasonal	513
food service operation, temporary food service operation, and	514
vending machine location.	515

(G) "Catering food service operation" means a food service	516
operation where food is prepared for serving at a function or	517
event held at an off-premises site, for a charge determined on a	518
per-function or per-event basis.	519

(H) "Food delivery sales operation" means a food service	520
operation from which individual portions of food are ordered by a	521
customer, prepared at another food service operation, and	522
delivered to the customer by a person other than an employee of	523
the food service operation that prepared the food.	524

(I) "Mobile food service operation" means a food service	525
operation that is operated from a movable vehicle, portable	526
structure, or watercraft and that routinely changes location,	527
except that if the operation remains at any one location for more	528
than forty consecutive days, the operation is no longer a mobile	529
food service operation, but is either a different type food	530
service operation or a retail food establishment according to the	531
activities being engaged in and the type of food being offered for	532
sale. "Mobile food service operation" includes ana food service	533
operation that does not remain at any one location for more than	534
forty consecutive days and serves, in a manner consistent with	535
division (F) of this section, only frozen desserts; beverages,	536
nuts, popcorn, candy, or similar confections; bakery products	537
identified in section 911.01 of the Revised Code; or any	538
combination of those items.	539

(J) "Seasonal food service operation" means a food service	540
operation, other than a mobile food service operation, that is	541
operated for not more than six months in a licensing period.	542

(K) "Temporary food service operation" means a food service	543
operation that is operated at an event for not more than five	544
consecutive days, except when operated for more than five	545
consecutive days pursuant to division (E)(2) of section 3717.43 of	546
the Revised Code.	547

(L) "Vending machine location" means an area or room where	548
one or more vending machines are installed and operated, except	549
that if the machines within an area are separated by more than one	550
hundred fifty feet, each area separated by that distance	551
constitutes a separate vending machine location. As used in this	552
division, "vending machine" means a self-service device that	553
automatically dispenses on the insertion of currency, tokens, or	554
similar means a predetermined unit serving of food, either in bulk	555
or in package, without having to be replenished after each use.	556

(M) "Board of health" means a board of health of a city or	557
general health district or the authority having the duties of a	558
board of health under section 3709.05 of the Revised Code.	559

(N) "Government entity" means this state, a political	560
subdivision of this state, another state, or a political	561
subdivision or other local government body of another state.	562

(O) "Licensor" means one of the following:

563

(1) A board of health approved under section 3717.11 of the	564
Revised Code;	565

(2) The director of agriculture acting pursuant to section	566
3717.11 of the Revised Code with respect to the licensing of	567
retail food establishments;	568

(3) The director of health acting pursuant to section	569
3717.11 of the Revised Code with respect to the licensing of food	570
service operations.	571

(P) "Licensing period" means the first day of MarchJune to	572
the last day of FebruaryMay of the next succeeding year.	573

(Q) "Mobile retail food establishment" means a retail food	574
establishment that is operated from a movable vehicle or other	575
portable structure, and that routinely changes location, except	576
that if the establishment operates from any one location for more	577
than forty consecutive days, the establishment is no longer a	578
mobile retail food establishment.	579

(R) "Farm market" means a location, registered with the	580
director of agriculture pursuant to rules adopted under section	581
3717.041 of the Revised Code, where a producer offers fruits,	582
vegetables, and other items for sale.	583

(S) "Farmers market" means a location, registered with the	584
director of agriculture pursuant to rules adopted under section	585
3717.041 of the Revised Code, where producers congregate to offer	586
fruits, vegetables, and other items for sale.	587

(T) "Farm product auction" means a location, registered with	588
the director of agriculture pursuant to rules adopted under	589
section 3717.041 of the Revised Code, where agricultural products,	590
including food products, are offered for sale at auction.	591

(U) "Roadside stand" means a place where only unprocessed	592
fresh fruits and vegetables are offered for sale.	593

(V) "Unprocessed," when used with respect to fruits and	594
vegetables, means that the fruits and vegetables are not processed	595
beyond merely rough trimming and rinsing.	596

(W) A "cottage food production operation" has the same	597
meaning as in division (A)(2) of section 3715.021 of the Revised	598
Code.	599

Sec. 3717.041. The director of agriculture shall adopt rules	600
in accordance with Chapter 119. of the Revised Code to establish	601
procedures to register farm markets, farmers markets, and farm	602
product auctions.	603

Sec. 3717.05.  (A) The director of agriculture and the	604
public health council shall adopt rules establishing standards for	605
safe food handling and sanitation in retail food establishments	606
and food service operations. The rules shall be compiled as the	607
Ohio uniform food safety code, which shall be used by the	608
licensors of retail food establishments and food servicesservice	609
operations in ensuring the safe handling of food in this state.	610
The Ohio uniform food safety code shall be as specific as is	611
necessary to enable the holder of a license to operate a retail	612
food establishment or a food service operation to determine	613
whether the holder is in compliance with the code and what is	614
required of the holder to maintain compliance with the code. All	615
scientific provisions of the Ohio uniform food safety code that	616
are relevant to both retail food establishments and food service	617
operations shall be adopted by the director of agriculture and the	618
public health council with each other's concurrence.	619

The Ohio uniform food safety code shall include the	620
following:	621

(1) Criteria for sanitation in retail food establishments	622
and food service operations;	623

(2) Criteria for equipment in retail food establishments and	624
food service operations;	625

(3) Criteria for reviewing the facility layout and equipment	626
specifications of retail food establishments and food service	627
operations;	628

(4) A definition of "potentially hazardous" as it pertains	629
to food in retail food establishments and to food in food service	630
operations;	631

(5) Criteria to be used in evaluating the primary business	632
of a person or government entity for purposes of determining	633
whether the person or entity should be licensed as a retail food	634
establishment or food service operation.	635

(B)(1) Except as provided in division (B)(2) of this	636
section, if a model food code is established by the United States	637
food and drug administration, the Ohio uniform food safety code	638
shall be based on the most current version of the food and drug	639
administration's model food code. If the food and drug	640
administration adopts, modifies, or rescinds a provision in the	641
model food code, not later than ninetwelve months after the	642
administration's action, the director of agriculture and public	643
health council shall adopt, amend, or rescind provisions in the	644
Ohio uniform food safety code to ensure that it continues to	645
conform with the model food code.	646

(2) The Ohio uniform food safety code may contain or omit	647
provisions that do not correspond to the food and drug	648
administration's model food code if the director of agriculture or	649
the public health council, with each other's concurrence,	650
determines eitherany of the following:	651

(a) That rules can be adopted under this chapter that	652
provide protection at least as effective as that which would be	653
provided by basing the rules on the model food code;	654

(b) That local conditions warrant the adoption of standards	655
that are different from the model food code;	656

(c) That rules more specific than the model food code are	657
necessary to enable the holder of a license to operate a retail	658
food establishment or a food service operation to determine	659
whether the holder is in compliance with the rules and what is	660
required of the holder to maintain compliance with the rules.	661

Sec. 3717.07. (A) A licensor shall use data from the	662
licensing period immediately preceding the time when the licensor	663
is calculating costs pursuant to this section to calculate the	664
actual cost of conducting inspections of food service operations	665
and retail food establishments licensed under this chapter by the	666
licensor. The licensor shall calculate the actual cost of	667
conducting inspections that are attributable to each of the	668
following components:	669

(1) Food service operations and retail food establishments	670
classified as risk level I, risk level II, risk level III, risk	671
level IV, and risk level V;	672

(2) Mobile food service operations and mobile retail food	673
establishments;	674

(3) Temporary food service operations and temporary retail	675
food establishments;	676

(4) Vending machine locations.

677

(B) The licensor shall calculate the cost attributable to	678
each component listed in division (A) of this section for	679
conducting inspections of food service operations and retail food	680
establishments licensed under this chapter by the licensor. The	681
licensor shall use a form prescribed by the director of	682
agriculture and the director of health that includes the following	683
data:	684

(1) A list of all inspecting sanitarians who worked in the	685
component;	686

(2) The total hours worked in the component by each	687
inspecting sanitarian;	688

(3) The total hours that each inspecting sanitarian worked	689
in the licensing period immediately preceding the time when the	690
licensor is calculating costs pursuant to this section;	691

(4) The total annual wages or salary paid to each inspecting	692
sanitarian;	693

(5) The total amount for fringe benefits paid on behalf of	694
each inspecting sanitarian;	695

(6) The total travel costs for each inspecting sanitarian;

696

(7) The support costs for the component as determined by one	697
of the following methods:	698

(a) Use of actual support cost items, such as salary and	699
fringe benefits of the health commissioner, the director of	700
environmental health, supervisory staff, and clerical staff, and	701
cost of utilities, rent, supplies, equipment, liability insurance,	702
and training;	703

(b) Use of a cost rate of thirty per cent of the wages or	704
salaries and fringe benefits of inspecting sanitarians	705
attributable to the component;	706

(c) Application of a negotiated cost rate and calculation	707
method approved by an agency of the federal government for the	708
licensor to the component.	709

(8) The sampling and laboratory costs for the component	710
other than the costs for the collection and bacteriological	711
examination of food or water samples, or similar services	712
specified in rules adopted under section 3717.05 of the Revised	713
Code;	714

(9) Funding for the component that includes revenues	715
obtained from license fees and penalty fees;	716

(10) Any known increases in costs or expenses for such items	717
as rent, utilities, equipment, and current personnel, as well as	718
the costs for additional personnel identified by the licensor	719
after the performance of a personnel needs analysis by the	720
director of health.	721

(C) The licensor shall calculate the license fee for each	722
food service operation category listed in rules adopted to	723
establish license fee categories pursuant to section 3717.04 of	724
the Revised Code, as follows:	725

(1) The vending machine location category cost divided by	726
the number of vending machine location licenses issued;	727

(2) The mobile food service operation category cost divided	728
by the number of mobile food service operation licenses issued;	729

(3) For a temporary food service operation, either of the	730
following:	731

(a) Using fees established on a per event basis, the	732
temporary food service operation and temporary retail food	733
establishment category cost divided by the number of temporary	734
food service operation and temporary retail food establishment	735
licenses issued. If a licensor elects to establish a noncommercial	736
fee for temporary food service operations and temporary retail	737
food establishments, the category cost shall be divided by the	738
number of licenses issued for commercial temporary food service	739
operations and commercial temporary retail food establishments,	740
plus fifty per cent of the number of licenses issued for	741
noncommercial temporary food service operations and noncommercial	742
temporary retail food establishments.	743

(b) Using fees established on a per day basis, the temporary	744
food service operation and temporary retail food establishment	745
category cost divided by the total number of days for which	746
temporary licenses were issued. If a licensor elects to establish	747
a noncommercial fee for temporary food service operations and	748
temporary retail food establishments, the category cost shall be	749
divided by the number of days for which commercial licenses were	750
issued plus fifty per cent of the number of days for which	751
temporary licenses were issued for noncommercial temporary food	752
service operations and noncommercial temporary retail food	753
establishments.	754

(4) For food service operations classified as risk level I,	755
risk level II, risk level III, risk level IV, and risk level V	756
food service operations:	757

(a) Determine support costs in accordance with division	758
(B)(7) of this section. Equally allocate support costs	759
attributable to the risk level food service operations and retail	760
food establishments component by dividing the support costs of the	761
risk level food service operations and retail food establishments	762
component by the total number of risk level I, risk level II, risk	763
level III, risk level IV, and risk level V commercial food service	764
operations and retail food establishments plus fifty per cent of	765
noncommercial operations classified by risk.	766

(b) Determine the total number of food service operations	767
and retail food establishments in each risk level category. If the	768
licensor elects to establish noncommercial categories for risk	769
level food service operations and risk level retail food	770
establishments, the total number of food service operations and	771
retail food establishments in each risk level category equals the	772
number of commercial risk level food service operations and	773
commercial risk level retail food establishments plus fifty per	774
cent of the number of noncommercial risk level food service	775
operations and noncommercial risk level retail food	776
establishments.	777

(c) Determine the number of standard inspection periods for	778
each risk level category using the inspection time factor. The	779
inspection time factor equals the ratio of the average amount of	780
time per inspection for all risk levels relative to the average	781
time per inspection for the food service operations that are	782
classified as risk level I and have less than 10,000 square feet.	783
The inspection time factor for food service operations according	784
to risk level and square footage are as follows:	785

(i) Risk level I less than 10,000 square feet is 1.00;	786
10,000 square feet or above is 1.88.	787

(ii) Risk level II less than 10,000 square feet is 1.25;	788
10,000 square feet or above is 2.03.	789

(iii) Risk level III less than 10,000 square feet is 1.64;	790
10,000 square feet or above is 4.84.	791

(iv) Risk level IV less than 10,000 square feet is 2.21;	792
10,000 square feet or above is 5.16.	793

(v) Risk level V less than 10,000 square feet is 2.84;	794
10,000 square feet or above is 6.09.	795

The number of standard inspection periods equals the minimum	796
number of inspections required for each risk level category	797
multiplied by the inspection time factor, the product of which is	798
multiplied by the total number of food service operations and	799
retail food establishments in each risk level category.	800

(d) Determine the total number of standard inspection	801
periods by summing the standard inspection periods for all risk	802
level categories;	803

(e) Determine the nonsupport cost per standard inspection	804
period by subtracting the support cost from the total actual cost	805
of the component, and divide this amount by the total number of	806
standard inspection periods;	807

(f) Determine the nonsupport cost for each risk level	808
category by using the following formula: A x B x C = The	809
nonsupport cost for each risk level, where A equals the nonsupport	810
cost per standard inspection period, B equals the minimum number	811
of inspections for the risk level category, and C equals the	812
inspection time factor for the risk level category;	813

(g) Determine the maximum license fee that may be	814
established by adding the nonsupport cost for each risk level	815
category to the support cost per license issued.	816

(D) For purposes of determining costs, each licensor shall	817
calculate by using the statewide average number of establishments	818
inspected by sanitarians.	819

Sec. 3717.10. The director of health may request the auditor	820
of state to conduct an audit of a licensor, in addition to the	821
annual or biennial audit conducted pursuant to division (A) of	822
section 117.11 of the Revised Code, if the director has reasonable	823
cause to believe that an additional audit is in the public	824
interest.	825

Sec. 3717.11.  (A) Each board of health shall be surveyed	826
for the purpose of determining whether the board is qualified and	827
has the capacity to administer and enforce this chapter and the	828
rules adopted under it and to abide by the Ohio uniform food	829
safety code. If the board licenses or proposes to license retail	830
food establishments, the survey shall be conducted by the director	831
of agriculture. If the board licenses or proposes to license food	832
service operations, the survey shall be conducted by the director	833
of health.	834

Each board shall be surveyed by each director at least once	835
every three years. Surveys shall be conducted in accordance with	836
rules adopted under sections 3717.33 and 3717.52 of the Revised	837
Code, as applicable. The directors shall schedule and conduct	838
their surveys in a manner that minimizes, to the extent	839
practicable, intrusion on and inconvenience to the board.	840

If a survey demonstrates that the board is qualified and has	841
the requisite capacity, the director conducting the survey shall	842
approve the board as the licensor of retail food establishments or	843
food service operations, whichever is being considered, for the	844
district the board serves. If a survey demonstrates that a board	845
is not qualified or does not have the requisite capacity, the	846
director conducting the survey shall not approve the board as a	847
licensor, or shall revoke the director's approval, whichever is	848
appropriate. The board may appeal the decision to deny or revoke	849
approval to the director taking the action. The appeal shall be	850
conducted in accordance with rules adopted under section 3717.33	851
or 3717.52 of the Revised Code, as applicable.	852

If approval is denied or revoked, the director taking the	853
action shall designate an alternative licensor for the district.	854
The alternative licensor shall be a board of health that is	855
qualified and has the requisite capacity to serve as alternative	856
licensor, except that if a qualified and capable board is not	857
available from a health district within reasonable proximity, the	858
director that denied or revoked the board's approval shall act as	859
the alternative licensor.	860

(B) When the approval of a board is revoked, all valid	861
licenses issued by that board for retail food establishments or	862
food service operations, whichever have been affected, shall be	863
treated as though issued by the alternative licensor. The	864
licenses shall remain valid until scheduled to expire unless	865
earlier suspended or revoked by the alternative licensor.	866

(C) All fees charged under section 3717.25 or 3717.45 of the	867
Revised Code that have not been expended by a board that has had	868
its approval revoked shall be transferred to the alternative	869
licensor. A board of health acting as alternative licensor shall	870
deposit the fees into a special fund it establishes for receipt of	871
funds pertaining to the district for which it is acting as	872
licensor. If the director of agriculture is acting as licensor,	873
the director shall deposit the fees in the food safety fund	874
created in section 915.24 of the Revised Code. If the director of	875
health is acting as licensor, the director shall deposit the fees	876
in the general operations fund created in section 3701.83 of the	877
Revised Code. All fees charged in the district by the alternative	878
licensor shall be deposited in the same manner. Moneys deposited	879
under this division shall be used solely for the administration	880
and enforcement of this chapter and the rules adopted under it in	881
the district for which the alternative licensor is acting as	882
licensor.	883

(D)(1) A board that has had its approval to act as a	884
licensor revoked may submit a request to the director who revoked	885
the approval to be reinstated as a licensor. The request shall be	886
in writing and shall specify the corrective measures the board has	887
taken and a proposed plan of action to remedy any remaining causes	888
of the revocation. The director may reinstate the board as a	889
licensor if all of the following occur:	890

(a) The board pays or arranges to pay the alternative	891
licensor or director, as applicable, for costs incurred in acting	892
as licensor for the district and in transferring responsibility	893
for the district to the board, if those costs exceed the moneys	894
available under division (C) of this section for the district;	895

(b) The board corrects all causes of the revocation;

896

(c) The alternative licensor consents to the reinstatement.

897

(2) The reinstatement of a board as a licensor shall be	898
conducted in accordance with procedures established in rules	899
adopted under this chapter by the director who revoked the	900
approval.	901

(E) Notwithstanding sections 3717.07, 3717.25, and 3717.45	902
of the Revised Code, if a board fails to appropriately respond to	903
a survey, as determined by the director who conducted the survey,	904
or fails to comply with information reporting requirements within	905
the time required, the board shall reduce the licensing fee	906
established for the licensing period that next ensues after	907
discovery of the failure by twenty per cent of the amount that	908
would have been established pursuant to sections 3717.07, 3717.25,	909
and 3717.45 of the Revised Code, but for the failure.	910

Sec. 3717.22.  (A) The following are not retail food	911
establishments:	912

(1) A food service operation licensed under this chapter,	913
including a food service operation that provides the services of a	914
retail food establishment pursuant to an endorsement issued under	915
section 3717.44 of the Revised Code;	916

(2) An entity exempt under divisions (B)(1) to (9), (11), or	917
(12) of section 3717.42 of the Revised Code from the requirement	918
to be licensed as a food service operation and an entity exempt	919
under division (B)(10) of that section if the entity is regulated	920
by the department of agriculture as a wholesale food processing	921
establishment under section 3715.021 of the Revised Code;	922

(3) A business or that portion of a business that is	923
regulated by the federal government or the department of	924
agriculture as a food manufacturing or food processing operation	925
establishment, including an operationestablishment or that	926
portion of an operationestablishment regulated by the department	927
of agriculture under Chapter 911., 913., 915., 917., 918., or 925.	928
of the Revised Code.	929

(B) All of the following are exempt from the requirement to	930
be licensed as a retail food establishment:	931

(1) An operationestablishment, other than a mobile retail	932
food establishment, with commercially prepackaged foods that are	933
not potentially hazardous and contained in displays, the total	934
space of which equals less than one hundred cubic feet;	935

(2) A storage facility of less than five hundred square feet	936
containing prepackaged foods that are not potentially hazardous;	937
person at a farmers market that is registered with the director of	938
agriculture pursuant to section 3717.041 of the Revised Code that	939
offers for sale only the following:	940

(a) Fresh unprocessed fruits or vegetables;

941

(b) Products of a cottage food production operation;

942

(c) Maple syrup, sorghum, or honey that is produced by a	943
maple syrup or sorghum producer or beekeeper described in division	944
(A)(1) of section 3715.021 of the Revised Code;	945

(d) Commercially prepackaged food that is not potentially	946
hazardous food, on the condition that the commercially prepackaged	947
nonpotentially hazardous food is contained in displays, the total	948
space of which equals less than one hundred cubic feet on the	949
premises where the person conducts business at the farmers market.	950

(3) A roadside market thatperson who offers only fresh	951
fruits and fresh vegetables that are unprocessed for sale at a	952
roadside stand;	953

(4) A nonprofit organization exempt from federal income	954
taxation under section 501(c)(3) of the "Internal Revenue Code of	955
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises	956
funds by selling displayed foods, if the foods that are not	957
potentially hazardous and the display is made for not more than	958
seven consecutive days or more than fifty-two separate days during	959
a licensing period. This exemption extends to any individual or	960
group raising all of its funds during the display time periods	961
specified in division (B)(4) of this section for the benefit of	962
the nonprofit organization by selling displayed foods under the	963
same conditions.	964

(5) An establishment that offers food contained in displays	965
of less than five hundred square feet, and that is classified as	966
risk level one pursuant to rules establishing licensing categories	967
for retail food establishments adopted under section 3717.33 of	968
the Revised Code, on the condition that the establishment offers	969
food for sale at retail not more than six months in each calendar	970
year;	971

(6) A cottage food production operation, on the condition	972
that the operation offers its products directly to the consumer	973
from the site where the products are produced;	974

(7) A maple syrup and sorghum processor and beekeeper	975
described in division (A)(1) of section 3715.021 of the Revised	976
Code, on the condition that the processor or beekeeper offers only	977
maple syrup, sorghum, or honey directly to the consumer from the	978
site where those products are processed;	979

(8) Any person who annually maintains five hundred or fewer	980
birds, on the condition that the person offers the eggs from those	981
birds directly to the consumer from the location where the eggs	982
are produced;	983

(9) Any person who annually raises and slaughters one	984
thousand or fewer chickens, on the condition that the person	985
offers dressed chickens directly to the consumer from the location	986
where the chickens are raised and slaughtered;	987

(10) Any person who raises, slaughters, and processes the	988
meat of nonamenable species described in divisions (A) and (B) of	989
section 918.12 of the Revised Code, on the condition that the	990
person offers the meat directly to the consumer from the location	991
where the meat is processed;	992

(11) A farm product auction, on the condition that it is	993
registered with the director pursuant to rules adopted under	994
section 3717.041 of the Revised Code and that only the products	995
described in divisions (B)(8) to (10) of this section that are	996
produced, raised, slaughtered, or processed, as appropriate, by	997
persons described in divisions (B)(8) to (10) of this section are	998
offered for sale at the farm product auction;	999

(12) A farm product auction, on the condition that it is	1000
registered with the director pursuant to rules adopted under	1001
section 3717.041 of the Revised Code and that only the following	1002
foods are offered for sale at the farm product auction:	1003

(a) Products of a cottage food production operation;

1004

(b) Maple syrup, sorghum, or honey that is produced by a	1005
maple syrup or sorghum producer or beekeeper described in division	1006
(A)(1) of section 3715.021 of the Revised Code.	1007

(13) Operations that, with respect to offering food for	1008
sale, offer only prepackaged alcoholic beverages or prepackaged	1009
nonpotentially hazardous beverages;	1010

(14) Operations that, with respect to offering food for	1011
sale, offer only prepackaged alcoholic beverages, prepackaged	1012
nonpotentially hazardous beverages, or commercially prepackaged	1013
food that is not potentially hazardous food, on the condition that	1014
the commercially prepackaged nonpotentially hazardous food is	1015
contained in displays, the total space of which equals less than	1016
three hundred cubic feet on the premises of the operation;	1017

(15) A person who offers for sale only the following foods	1018
at a festival or celebration, on the condition that the festival	1019
or celebration is organized by a political subdivision of the	1020
state and lasts for a period not longer than seven consecutive	1021
days:	1022

(a) Fresh unprocessed fruits or vegetables;

1023

(b) Products of a cottage food production operation;

1024

(c) Maple syrup, sorghum, or honey if produced by a maple	1025
syrup or sorghum processor or beekeeper as described in division	1026
(A)(1) of section 3715.021 of the Revised Code;	1027

(d) Commercially prepackaged food that is not potentially	1028
hazardous food, on the condition that the commercially prepackaged	1029
nonpotentially hazardous food is contained in displays, the total	1030
space of which equals less than one hundred cubic feet on the	1031
premises where the person conducts business at the farmers market.	1032

(16) A farm market on the condition that it is registered	1033
with the director pursuant to rules adopted under section 3717.041	1034
of the Revised Code and that only the following foods are offered	1035
for sale at the farm market:	1036

(a) Fresh unprocessed fruits or vegetables;

1037

(b) Products of a cottage food production operation;

1038

(c) Maple syrup, sorghum, or honey that is produced by a	1039
maple syrup or sorghum producer or beekeeper described in division	1040
(A)(1) of section 3715.021 of the Revised Code;	1041

(d) Commercially prepackaged food that is not potentially	1042
hazardous food, on the condition that the commercially prepackaged	1043
nonpotentially hazardous food is contained in displays, the total	1044
space of which equals less than one hundred cubic feet on the	1045
premises where the person conducts business at the farm market;	1046

(e) Cider and other juices manufactured on site at the farm	1047
market;	1048

(f) The products or items described in divisions (B)(8) to	1049
(10) of this section, on the condition that those products or	1050
items were produced by the person offering to sell them, and	1051
further conditioned that, with respect to eggs offered, the person	1052
offering to sell them annually maintains five hundred or fewer	1053
birds, and with respect to dressed chickens offered, the person	1054
annually raises and slaughters one thousand or fewer chickens.	1055

Sec. 3717.25.  (A) A licensor may charge fees for issuing	1056
and renewing retail food establishment licenses. Any licensing	1057
fee charged shall be used solely for the administration and	1058
enforcement of the provisions of this chapter and the rules	1059
adopted under it applicable toinspecting retail food	1060
establishments.	1061

Any licensing fee charged under this section shall be based	1062
on the licensor's costs of regulatinginspecting retail food	1063
establishments, as determined according to the uniform	1064
methodologies established under section 3717.07 of the Revised	1065
Code. If the licensor is a board of health, a fee may be	1066
disapproved by the district advisory council in the case of a	1067
general health district or the legislative authority of the city	1068
in the case of a city health district. A disapproved fee shall	1069
not be charged by the board of health.	1070

At least thirty days prior to establishing a licensing fee,	1071
the licensor shall hold a public hearing regarding the proposed	1072
fee. At least thirty days prior to the public hearing, the	1073
licensor shall give written notice of the hearing to each person	1074
or government entity holding a retail food establishment license	1075
that may be affected by the proposed fee. The notice shall be	1076
mailed to the last known address of the licensee and shall specify	1077
the date, time, and place of the hearing and the amount of the	1078
proposed fee. On request, the licensor shall provide the	1079
completed uniform methodology used in the calculation of the	1080
licensor's costs and the proposed fee.	1081

Notwithstanding sections 3717.07, 3717.25, and 3717.45 of the	1082
Revised Code, if the auditor of state, after conducting an audit,	1083
determines that a licensor has charged or is charging a licensing	1084
fee that exceeds the amount that should have been established	1085
based on the uniform methodologies established under section	1086
3717.07 of the Revised Code, the licensor shall reduce the fee it	1087
establishes for the licensing period that next ensues after the	1088
auditor's determination by an amount that is proportional to the	1089
overage.	1090

(B) In addition to licensing fees, a licensor may charge	1091
fees for any of the following:	1092

(1) Review of facility layout and equipment specifications	1093
pertaining to retail food establishments;	1094

(2) Any necessary collection and bacteriological examination	1095
of samples from retail food establishments or similar services	1096
specified in rules adopted under this chapter by the director of	1097
agriculture;	1098

(3) Attendance at a course of study offered by the licensor	1099
in food protection as it pertains to retail food establishments,	1100
if the course is approved under section 3717.09 of the Revised	1101
Code.	1102

(C) The director may determine by rule an amount to be	1103
collected from applicants for retail food establishment licenses	1104
for use by the director in administering and enforcing the	1105
provisions of this chapter and the rules adopted under it	1106
applicable to retail food establishments. Licensors shall collect	1107
the amount prior to issuing an applicant's new or renewed license.	1108
If a licensing fee is charged under this section, the licensor	1109
shall collect the amount at the same time the fee is collected.	1110
Licensors are not required to provide notice or hold public	1111
hearings regarding amounts collected under this division.	1112

Not later than sixty days after the last day of the month in	1113
which a license is issued, the licensor shall certify the amount	1114
collected under this division and transmit the amount to the	1115
treasurer of state. All amounts received shall be deposited into	1116
the food safety fund created in section 915.24 of the Revised	1117
Code. The director shall use the amounts solely for the	1118
administration and enforcement of the provisions of this chapter	1119
and the rules adopted under it applicable to retail food	1120
establishments.	1121

When adopting rules regarding the amounts collected under	1122
this division, the director shall make available during the rule	1123
making process the current and projected expenses of administering	1124
and enforcing the provisions of this chapter and the rules adopted	1125
under it applicable to retail food establishments and the total of	1126
all amounts that have been deposited in the food safety fund	1127
pursuant to this division.	1128

Sec. 3717.42.  (A) The following are not food service	1129
operations:	1130

(1) A retail food establishment licensed under this chapter,	1131
including a retail food establishment that provides the services	1132
of a food service operation pursuant to an endorsement issued	1133
under section 3717.44 of the Revised Code;	1134

(2) An entity exempt from the requirement to be licensed as	1135
a retail food establishment under division (B) of section 3717.22	1136
of the Revised Code;	1137

(3) A business or that portion of a business that is	1138
regulated by the federal government or the department of	1139
agriculture as a food manufacturing or food processing operation,	1140
including an operation or that portion of an operation regulated	1141
by the department of agriculture under Chapter 911., 913., 915.,	1142
917., 918., or 925. of the Revised Code.	1143

(B) All of the following are exempt from the requirement to	1144
be licensed as a food service operation:	1145

(1) A private home in which individuals related by blood,	1146
marriage, or law reside and in which the food that is prepared or	1147
served is intended only for those individuals and their nonpaying	1148
guests;	1149

(2) A private home operated as a bed-and-breakfast that	1150
prepares and offers food to guests, if the home is owner-occupied,	1151
the number of available guest bedrooms does not exceed six,	1152
breakfast is the only meal offered, and the number of guests	1153
served does not exceed sixteen;	1154

(3) A stand operated on the premises of a private home by	1155
one or more children under the age of twelve, if the food served	1156
is not potentially hazardous;	1157

(4) A residential facility that accommodates not more than	1158
sixteen residents; is licensed, certified, registered, or	1159
otherwise regulated by the federal government or by the state or a	1160
political subdivision of the state; and prepares food for or	1161
serves food to only the residents of the facility, the staff of	1162
the facility, and any nonpaying guests of residents or staff;	1163

(5) A church, school, fraternal or veterans' organization,	1164
volunteer fire organization, or volunteer emergency medical	1165
service organization preparing or serving food intended for	1166
individual portion service on its premises for not more than seven	1167
consecutive days or not more than fifty-two separate days during a	1168
licensing period. This exemption extends to any individual or	1169
group raising all of its funds during the time periods specified	1170
in division (B)(5) of this section for the benefit of the church,	1171
school, or organization by preparing or serving food intended for	1172
individual portion service under the same conditions.	1173

(6) A common carrier that prepares or serves food, if the	1174
carrier is regulated by the federal government;	1175

(7) A food service operation serving five or fewer	1176
individuals daily;	1177

(8) A type A or type B family day-care home, as defined in	1178
section 5104.01 of the Revised Code, that prepares or serves food	1179
for the children receiving day-care;	1180

(9) A vending machine location where the only foods	1181
dispensed are foods from one or both of the following categories:	1182

(a) Prepackaged foods that are not potentially hazardous;

1183

(b) Nuts, panned or wrapped bulk chewing gum, or panned or	1184
wrapped bulk candies.	1185

(10) A place servicing the vending machines at a vending	1186
machine location described in division (B)(9) of this section;	1187

(11) A commissary servicing vending machines that dispense	1188
only milk, milk products, or frozen desserts that are under a	1189
state or federal inspection and analysis program;	1190

(12) A "controlled location vending machine location," which	1191
means a vending machine location at which all of the following	1192
apply:	1193

(a) The vending machines dispense only foods that are not	1194
potentially hazardous;	1195

(b) The machines are designed to be filled and maintained in	1196
a sanitary manner by untrained persons;	1197

(c) Minimal protection is necessary to ensure against	1198
contamination of food and equipment.	1199

(13) A private home that prepares and offers food to guests,	1200
if the home is owner-occupied, meals are served on the premises of	1201
that home, and the number of meals served does not exceed one	1202
hundred fifteen per week.	1203

Sec. 3717.45.  (A) A licensor may charge fees for issuing	1204
and renewing food service operation licenses. Any licensing fee	1205
charged shall be used solely for the administration and	1206
enforcement of the provisions of this chapter and the rules	1207
adopted under it applicable toinspecting food service operations.	1208

Any licensing fee charged under this section shall be based	1209
on the licensor's costs of regulatinginspecting food service	1210
operations, as determined according to the uniform methodologies	1211
established under section 3717.07 of the Revised Code. If the	1212
licensor is a board of health, a fee may be disapproved by the	1213
district advisory council in the case of a general health district	1214
or the legislative authority of the city in the case of a city	1215
health district. A disapproved fee shall not be charged by the	1216
board of health.	1217

At least thirty days prior to establishing a licensing fee,	1218
the licensor shall hold a public hearing regarding the proposed	1219
fee. At least thirty days prior to the public hearing, the	1220
licensor shall give written notice of the hearing to each person	1221
or government entity holding a food service operation license that	1222
may be affected by the proposed fee. The notice shall be mailed	1223
to the last known address of the licensee and shall specify the	1224
date, time, and place of the hearing and the amount of the	1225
proposed fee. On request, the licensor shall provide the	1226
completed uniform methodology used in the calculation of the	1227
licensor's costs and the proposed fee.	1228

Notwithstanding sections 3717.07, 3717.25, and 3717.45 of the	1229
Revised Code, if the auditor of state, after conducting an audit,	1230
determines that a licensor has charged or is charging a licensing	1231
fee that exceeds the amount that should have been established	1232
based on the uniform methodologies established under section	1233
3717.07 of the Revised Code, the licensor shall reduce the fee it	1234
establishes for the licensing period that next ensues after the	1235
auditor's determination by an amount that is proportional to the	1236
overage.	1237

(B) In addition to licensing fees, a licensor may charge	1238
fees for the following:	1239

(1) Review of facility layout and equipment specifications	1240
pertaining to food service operations, other than mobile and	1241
temporary food service operations, or similar reviews conducted	1242
for vending machine locations;	1243

(2) Any necessary collection and bacteriological examination	1244
of samples from food service operations, or similar services	1245
specified in rules adopted under this chapter by the public health	1246
council;	1247

(3) Attendance at a course of study offered by the licensor	1248
in food protection as it pertains to food service operations, if	1249
the course is approved under section 3717.09 of the Revised Code.	1250

(C) The public health council may determine by rule an	1251
amount to be collected from applicants for food service operation	1252
licenses for use by the director of health in administering and	1253
enforcing the provisions of this chapter and the rules adopted	1254
under it applicable to food service operations. Licensors shall	1255
collect the amount prior to issuing an applicant's new or renewed	1256
license. If a licensing fee is charged under this section, the	1257
licensor shall collect the amount at the same time the fee is	1258
collected. Licensors are not required to provide notice or hold	1259
public hearings regarding amounts collected under this division.	1260

Not later than sixty days after the last day of the month in	1261
which a license is issued, the licensor shall certify the amount	1262
collected under this division and transmit the amount to the	1263
treasurer of state. All amounts received shall be deposited into	1264
the general operations fund created in section 3701.83 of the	1265
Revised Code. The director shall use the amounts solely for the	1266
administration and enforcement of the provisions of this chapter	1267
and the rules adopted under it applicable to food service	1268
operations.	1269

The director may submit recommendations to the public health	1270
council regarding the amounts collected under this division. When	1271
making recommendations, the director shall submit a report stating	1272
the current and projected expenses of administering and enforcing	1273
the provisions of this chapter and the rules adopted under it	1274
applicable to food service operations and the total of all amounts	1275
that have been deposited in the general operations fund pursuant	1276
to this division. The director may include in the report any	1277
recommendations for modifying the department's administration and	1278
enforcement of the provisions of this chapter and the rules	1279
adopted under it applicable to food service operations.	1280

Sec. 4303.021.  Permit A-1-A may be issued to the holder of	1281
an A-1 or A-2 permit to sell beer and any intoxicating liquor at	1282
retail, only by the individual drink in glass or from a container,	1283
provided such A-1-A permit premises are situated on the same	1284
parcel or tract of land as the related A-1 or A-2 manufacturing	1285
permit premises or are separated therefrom only by public streets	1286
or highways or by other lands owned by the holder of the A-1 or	1287
A-2 permit and used by the holder in connection with or in	1288
promotion of the holder's A-1 or A-2 permit business. The fee for	1289
this permit is three thousand one hundred twenty-five dollars. The	1290
holder of an A-1-A permit may sell beer and any intoxicating	1291
liquor during the same hours as the holders of D-5 permits under	1292
this chapter or Chapter 4301. of the Revised Code or the rules of	1293
the liquor control commission and shall obtain a restaurant	1294
license as a retail food establishment or a food service operation	1295
pursuant to section 3717.43Chapter 3717. of the Revised Code and	1296
operate as a restaurant for purposes of this chapter.	1297

Except as otherwise provided in this section, no new A-1-A	1298
permit shall be issued to the holder of an A-1 or A-2 permit	1299
unless the sale of beer and intoxicating liquor under class D	1300
permits is permitted in the precinct in which the A-1 or A-2	1301
permit is located and, in the case of an A-2 permit, unless the	1302
holder of the A-2 permit manufactures or has a storage capacity of	1303
at least twenty-five thousand gallons of wine per year. The	1304
immediately preceding sentence does not prohibit the issuance of	1305
an A-1-A permit to an applicant for such a permit who is the	1306
holder of an A-1 permit and whose application was filed with the	1307
division of liquor control before June 1, 1994. The liquor	1308
control commission shall not restrict the number of A-1-A permits	1309
which may be located within a precinct.	1310

Sec. 4303.13.  Permit D-1 may be issued to the owner or	1311
operator of a hotel or restaurantof a retail food establishment	1312
or a food service operation licensed pursuant to section 3717.43	1313
Chapter 3717. of the Revised Code that operates as a restaurant	1314
for purposes of this chapter, or of a club, amusement park,	1315
drugstore, lunch stand, boat, or vessel, and shall be issued to a	1316
person described in division (B) of this section, to sell beer at	1317
retail either in glass or container, for consumption on the	1318
premises where sold; and, except as otherwise provided in division	1319
(B) of this section, to sell beer at retail in other receptacles	1320
or in original containers having a capacity of not more than five	1321
and one-sixth gallons not for consumption on the premises where	1322
sold. The fee for this permit is one hundred eighty-eight dollars	1323
for each location, boat, or vessel.	1324

Sec. 4303.14.  Permit D-2 may be issued to the owner or	1325
operator of a hotel or restaurantof a retail food establishment	1326
or a food service operation licensed pursuant to section 3717.43	1327
Chapter 3717. of the Revised Code that operates as a restaurant	1328
for purposes of this chapter, or of a club, boat, or vessel, to	1329
sell wine and prepared and bottled cocktails, cordials, and other	1330
mixed beverages manufactured and distributed by holders of A-4 and	1331
B-4 permits at retail, either in glass or container, for	1332
consumption on the premises where sold. The holder of such permit	1333
may also sell wine and prepared and bottled cocktails, cordials,	1334
and other mixed beverages in original packages and not for	1335
consumption on the premises where sold or for resale. The fee for	1336
this permit is two hundred eighty-two dollars for each location,	1337
boat, or vessel.	1338

Sec. 4303.15.  Permit D-3 may be issued to the owner or	1339
operator of a hotel or restaurantof a retail food establishment	1340
or a food service operation licensed pursuant to section 3717.43	1341
Chapter 3717. of the Revised Code that operates as a restaurant	1342
for purposes of this chapter, or of a club, boat, or vessel, to	1343
sell spirituous liquor at retail, only by the individual drink in	1344
glass or from the container, for consumption on the premises where	1345
sold. No sales of intoxicating liquor shall be made by a holder of	1346
a D-3 permit after one a.m. The fee for this permit is six	1347
hundred dollars for each location, boat, or vessel.	1348

Sec. 4303.18.  Permit D-5 may be issued to the owner or	1349
operator of a retail food establishment or a food service	1350
operation licensed pursuant to Chapter 3717. of the Revised Code	1351
that operates as a restaurant or night club for purposes of this	1352
chapter, to sell beer and any intoxicating liquor at retail, only	1353
by the individual drink in glass and from the container, for	1354
consumption on the premises where sold, and to sell the same	1355
products in the same manner and amounts not for consumption on the	1356
premises as may be sold by holders of D-1 and D-2 permits. A	1357
person who is the holder of both a D-3 and D-3a permit need not	1358
obtain a D-5 permit. The fee for this permit is one thousand	1359
eight hundred seventy-five dollars.	1360

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	1361
owner or operator of a hotel or motel that is required to be	1362
licensed under section 3731.03 of the Revised Code, that contains	1363
at least fifty rooms for registered transient guests, and that	1364
qualifies under the other requirements of this section, or to the	1365
owner or operator of a restaurant specified under this section, to	1366
sell beer and any intoxicating liquor at retail, only by the	1367
individual drink in glass and from the container, for consumption	1368
on the premises where sold, and to registered guests in their	1369
rooms, which may be sold by means of a controlled access alcohol	1370
and beverage cabinet in accordance with division (B) of section	1371
4301.21 of the Revised Code; and to sell the same products in the	1372
same manner and amounts not for consumption on the premises as may	1373
be sold by holders of D-1 and D-2 permits. The premises of the	1374
hotel or motel shall include a restaurant that isretail food	1375
establishment or a food service operation licensed pursuant to	1376
section 3717.43Chapter 3717. of the Revised Code,that operates	1377
as a restaurant for purposes of this chapter and that is	1378
affiliated with the hotel or motel and within or contiguous to the	1379
hotel or motel, and that serves food within the hotel or motel,	1380
but the principal business of the owner or operator of the hotel	1381
or motel shall be the accommodation of transient guests. In	1382
addition to the privileges authorized in this division, the holder	1383
of a D-5a permit may exercise the same privileges as the holder of	1384
a D-5 permit.	1385

The owner or operator of a hotel, motel, or restaurant who	1386
qualified for and held a D-5a permit on August 4, 1976, may, if	1387
the owner or operator held another permit before holding a D-5a	1388
permit, either retain a D-5a permit or apply for the permit	1389
formerly held, and the division of liquor control shall issue the	1390
permit for which the owner or operator applies and formerly held,	1391
notwithstanding any quota.	1392

A D-5a permit shall not be transferred to another location.	1393
No quota restriction shall be placed on the number of such permits	1394
that may be issued.	1395

The fee for this permit is one thousand eight hundred	1396
seventy-five dollars.	1397

(B) Permit D-5b may be issued to the owner, operator,	1398
tenant, lessee, or occupant of an enclosed shopping center to sell	1399
beer and intoxicating liquor at retail, only by the individual	1400
drink in glass and from the container, for consumption on the	1401
premises where sold; and to sell the same products in the same	1402
manner and amount not for consumption on the premises as may be	1403
sold by holders of D-1 and D-2 permits. In addition to the	1404
privileges authorized in this division, the holder of a D-5b	1405
permit may exercise the same privileges as a holder of a D-5	1406
permit.	1407

A D-5b permit shall not be transferred to another location.

1408

One D-5b permit may be issued at an enclosed shopping center	1409
containing at least two hundred twenty-five thousand, but less	1410
than four hundred thousand, square feet of floor area.	1411

Two D-5b permits may be issued at an enclosed shopping center	1412
containing at least four hundred thousand square feet of floor	1413
area. No more than one D-5b permit may be issued at an enclosed	1414
shopping center for each additional two hundred thousand square	1415
feet of floor area or fraction of that floor area, up to a	1416
maximum of five D-5b permits for each enclosed shopping center.	1417
The number of D-5b permits that may be issued at an enclosed	1418
shopping center shall be determined by subtracting the number of	1419
D-3 and D-5 permits issued in the enclosed shopping center from	1420
the number of D-5b permits that otherwise may be issued at the	1421
enclosed shopping center under the formulas provided in this	1422
division. Except as provided in this section, no quota shall be	1423
placed on the number of D-5b permits that may be issued.	1424
Notwithstanding any quota provided in this section, the holder of	1425
any D-5b permit first issued in accordance with this section is	1426
entitled to its renewal in accordance with section 4303.271 of the	1427
Revised Code.	1428

The holder of a D-5b permit issued before April 4, 1984,	1429
whose tenancy is terminated for a cause other than nonpayment of	1430
rent, may return the D-5b permit to the division of liquor	1431
control, and the division shall cancel that permit. Upon	1432
cancellation of that permit and upon the permit holder's payment	1433
of taxes, contributions, premiums, assessments, and other debts	1434
owing or accrued upon the date of cancellation to this state and	1435
its political subdivisions and a filing with the division of a	1436
certification of that payment, the division shall issue to that	1437
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	1438
that person requests. The division shall issue the D-5 permit, or	1439
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	1440
D-3, or D-5 permits currently issued in the municipal corporation	1441
or in the unincorporated area of the township where that person's	1442
proposed premises is located equals or exceeds the maximum number	1443
of such permits that can be issued in that municipal corporation	1444
or in the unincorporated area of that township under the	1445
population quota restrictions contained in section 4303.29 of the	1446
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall	1447
not be transferred to another location. If a D-5b permit is	1448
canceled under the provisions of this paragraph, the number of	1449
D-5b permits that may be issued at the enclosed shopping center	1450
for which the D-5b permit was issued, under the formula provided	1451
in this division, shall be reduced by one if the enclosed shopping	1452
center was entitled to more than one D-5b permit under the	1453
formula.	1454

The fee for this permit is one thousand eight hundred	1455
seventy-five dollars.	1456

(C) Permit D-5c may be issued either to the owner or	1457
operator of a restaurant that isretail food establishment or a	1458
food service operation licensed pursuant to section 3717.43	1459
Chapter 3717. of the Revised Code that operates as a restaurant	1460
for purposes of this chapter and that qualifies under the other	1461
requirements of this section to sell beer and any intoxicating	1462
liquor at retail, only by the individual drink in glass and from	1463
the container, for consumption on the premises where sold, and to	1464
sell the same products in the same manner and amounts not for	1465
consumption on the premises as may be sold by holders of D-1 and	1466
D-2 permits. In addition to the privileges authorized in this	1467
division, the holder of a D-5c permit may exercise the same	1468
privileges as the holder of a D-5 permit.	1469

To qualify for a D-5c permit, the owner or operator of a	1470
restaurant that isretail food establishment or a food service	1471
operation licensed pursuant to section 3717.43Chapter 3717. of	1472
the Revised Code that operates as a restaurant for purposes of	1473
this chapter, shall have operated the restaurant at the proposed	1474
premises for not less than twenty-four consecutive months	1475
immediately preceding the filing of the application for the	1476
permit, have applied for a D-5 permit no later than December 31,	1477
1988, and appear on the division's quota waiting list for not less	1478
than six months immediately preceding the filing of the	1479
application for the permit. In addition to these requirements,	1480
the proposed D-5c permit premises shall be located within a	1481
municipal corporation and further within an election precinct	1482
that, at the time of the application, has no more than	1483
twenty-five per cent of its total land area zoned for residential	1484
use.	1485

A D-5c permit shall not be transferred to another location.	1486
No quota restriction shall be placed on the number of such permits	1487
that may be issued.	1488

Any person who has held a D-5c permit for at least two years	1489
may apply for a D-5 permit, and the division of liquor control	1490
shall issue the D-5 permit notwithstanding the quota restrictions	1491
contained in section 4303.29 of the Revised Code or in any rule of	1492
the liquor control commission.	1493

The fee for this permit is one thousand two hundred fifty	1494
dollars.	1495

(D) Permit D-5d may be issued to either the owner or	1496
operator of a restaurant that isretail food establishment or a	1497
food service operation licensed pursuant to section 3717.43	1498
Chapter 3717. of the Revised Code that operates as a restaurant	1499
for purposes of this chapter and that is located at an airport	1500
operated by a board of county commissioners pursuant to section	1501
307.20 of the Revised Code or at an airport operated by a regional	1502
airport authority pursuant to Chapter 308. of the Revised Code.	1503
Not more than one D-5d permit shall be issued in each county. The	1504
holder of a D-5d permit may sell beer and any intoxicating liquor	1505
at retail, only by the individual drink in glass and from the	1506
container, for consumption on the premises where sold, and may	1507
sell the same products in the same manner and amounts not for	1508
consumption on the premises where sold as may be sold by the	1509
holders of D-1 and D-2 permits. In addition to the privileges	1510
authorized in this division, the holder of a D-5d permit may	1511
exercise the same privileges as the holder of a D-5 permit.	1512

A D-5d permit shall not be transferred to another location.	1513
Except as otherwise provided in this division, no quota	1514
restrictions shall be placed on the number of such permits that	1515
may be issued.	1516

The fee for this permit is one thousand eight hundred	1517
seventy-five dollars.	1518

(E) Permit D-5e may be issued to any nonprofit organization	1519
that is exempt from federal income taxation under the "Internal	1520
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	1521
amended, or that is a charitable organization under any chapter of	1522
the Revised Code, and that owns or operates a riverboat that	1523
meets all of the following:	1524

(1) Is permanently docked at one location;

1525

(2) Is designated as an historical riverboat by the Ohio	1526
historical society;	1527

(3) Contains not less than fifteen hundred square feet of	1528
floor area;	1529

(4) Has a seating capacity of fifty or more persons.

1530

The holder of a D-5e permit may sell beer and intoxicating	1531
liquor at retail, only by the individual drink in glass and from	1532
the container, for consumption on the premises where sold.	1533

A D-5e permit shall not be transferred to another location.	1534
No quota restriction shall be placed on the number of such permits	1535
that may be issued. The population quota restrictions contained	1536
in section 4303.29 of the Revised Code or in any rule of the	1537
liquor control commission shall not apply to this division, and	1538
the division shall issue a D-5e permit to any applicant who meets	1539
the requirements of this division. However, the division shall	1540
not issue a D-5e permit if the permit premises or proposed permit	1541
premises are located within an area in which the sale of	1542
spirituous liquor by the glass is prohibited.	1543

The fee for this permit is nine hundred seventy-five dollars.

1544

(F) Permit D-5f may be issued to either the owner or the	1545
operator of a retail food establishment or a food service	1546
operation that is licensed under section 3717.43Chapter 3717. of	1547
the Revised Code that operates as a restaurant for purposes of	1548
this chapter and that meets all of the following:	1549

(1) It contains not less than twenty-five hundred square	1550
feet of floor area.	1551

(2) It is located on or in, or immediately adjacent to, the	1552
shoreline of, a navigable river.	1553

(3) It provides docking space for twenty-five boats.

1554

(4) It provides entertainment and recreation, provided that	1555
not less than fifty per cent of the business on the permit	1556
premises shall be preparing and serving meals for a consideration.	1557

In addition, each application for a D-5f permit shall be	1558
accompanied by a certification from the local legislative	1559
authority that the issuance of the D-5f permit is not inconsistent	1560
with that political subdivision's comprehensive development plan	1561
or other economic development goal as officially established by	1562
the local legislative authority.	1563

The holder of a D-5f permit may sell beer and intoxicating	1564
liquor at retail, only by the individual drink in glass and from	1565
the container, for consumption on the premises where sold.	1566

A D-5f permit shall not be transferred to another location.	1567
No more than fifteen D-5f permits shall be issued by the division	1568
of liquor control, and no more than two such permits shall be	1569
issued in any county. However, the division shall not issue a	1570
D-5f permit if the permit premises or proposed permit premises are	1571
located within an area in which the sale of spirituous liquor by	1572
the glass is prohibited.	1573

A fee for this permit is one thousand eight hundred	1574
seventy-five dollars.	1575

As used in this division, "navigable river" means a river	1576
that is also a "navigable water" as defined in the "Federal Power	1577
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	1578

(G) Permit D-5g may be issued to a nonprofit corporation	1579
that is either the owner or the operator of a national	1580
professional sports museum. The holder of a D-5g permit may sell	1581
beer and any intoxicating liquor at retail, only by the individual	1582
drink in glass and from the container, for consumption on the	1583
premises where sold. The holder of a D-5g permit shall sell no	1584
beer or intoxicating liquor for consumption on the premises where	1585
sold after one a.m. A D-5g permit shall not be transferred to	1586
another location. No quota restrictions shall be placed on the	1587
number of D-5g permits that may be issued. The fee for this	1588
permit is one thousand five hundred dollars.	1589

(H) Permit D-5h may be issued to any nonprofit organization	1590
that is exempt from federal income taxation under the "Internal	1591
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	1592
amended, that owns or operates a fine arts museum and has no less	1593
than five thousand bona fide members possessing full membership	1594
privileges. The holder of a D-5h permit may sell beer and any	1595
intoxicating liquor at retail, only by the individual drink in	1596
glass and from the container, for consumption on the premises	1597
where sold. The holder of a D-5h permit shall sell no beer or	1598
intoxicating liquor for consumption on the premises where sold	1599
after one a.m. A D-5h permit shall not be transferred to another	1600
location. No quota restrictions shall be placed on the number of	1601
D-5h permits that may be issued. The fee for this permit is one	1602
thousand five hundred dollars.	1603

(I) Permit D-5i may be issued to either the owner or the	1604
operator of a retail food establishment or a food service	1605
operation that is licensed under section 3717.43Chapter 3717. of	1606
the Revised Code that operates as a restaurant for purposes of	1607
this chapter and that meets all of the following requirements:	1608

(1) It is located in a municipal corporation or a township	1609
with a population of fifty thousand or less.	1610

(2) It has inside seating capacity for at least one hundred	1611
forty persons.	1612

(3) It has at least four thousand square feet of floor	1613
area.	1614

(4) It offers full-course meals, appetizers, and sandwiches.

1615

(5) Its receipts from beer and liquor sales do not exceed	1616
twenty-five per cent of its total gross receipts.	1617

(6) The value of its real and personal property exceeds	1618
seven hundred twenty-five thousand dollars.	1619

The holder of a D-5i permit shall cause an independent audit	1620
to be performed at the end of one full year of operation following	1621
issuance of the permit in order to verify the requirements of	1622
division (I)(5) of this section. The results of the independent	1623
audit shall be transmitted to the division. Upon determining that	1624
the receipts of the holder from beer and liquor sales exceeded	1625
twenty-five per cent of its total gross receipts, the division	1626
shall suspend the permit of the permit holder under section	1627
4301.25 of the Revised Code and may allow the permit holder to	1628
elect a forfeiture under section 4301.252 of the Revised Code.	1629

The holder of a D-5i permit may sell beer and any	1630
intoxicating liquor at retail, only by the individual drink in	1631
glass and from the container, for consumption on the premises	1632
where sold, and may sell the same products in the same manner and	1633
amounts not for consumption on the premises where sold as may be	1634
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	1635
permit shall sell no beer or intoxicating liquor for consumption	1636
on the premises where sold after two-thirty a.m. In addition to	1637
the privileges authorized in this division, the holder of a D-5i	1638
permit may exercise the same privileges as the holder of a D-5	1639
permit.	1640

A D-5i permit shall not be transferred to another location.	1641
The division of liquor control shall not renew a D-5i permit	1642
unless the food service operation for which it is issued continues	1643
to meet the requirements described in divisions (I)(1) to (6) of	1644
this section. No quota restrictions shall be placed on the number	1645
of D-5i permits that may be issued. The fee for this permit is	1646
one thousand eight hundred seventy-five dollars.	1647

(J)(1) Permit D-5j may be issued to either the owner or the	1648
operator of a retail food establishment or a food service	1649
operation that is licensed under section 3717.43Chapter 3717. of	1650
the Revised Code to sell beer and intoxicating liquor at retail,	1651
only by the individual drink in glass and from the container, for	1652
consumption on the premises where sold and to sell beer and	1653
intoxicating liquor in the same manner and amounts not for	1654
consumption on the premises where sold as may be sold by the	1655
holders of D-1 and D-2 permits. The holder of a D-5j permit may	1656
exercise the same privileges, and shall observe the same hours of	1657
operation, as the holder of a D-5 permit.	1658

(2) The D-5j permit shall be issued only within a community	1659
entertainment district that is designated under section 4301.80 of	1660
the Revised Code and that is located in a municipal corporation	1661
with a population of at least one hundred thousand.	1662

(3) The location of a D-5j permit may be transferred only	1663
within the geographic boundaries of the community entertainment	1664
district in which it was issued and shall not be transferred	1665
outside the geographic boundaries of that district.	1666

(4) Not more than one D-5j permit shall be issued within	1667
each community entertainment district for each five acres of land	1668
located within the district. Not more than fifteen D-5j permits	1669
may be issued within a single community entertainment district.	1670
Except as otherwise provided in division (J)(4) of this section,	1671
no quota restrictions shall be placed upon the number of D-5j	1672
permits that may be issued.	1673

(5) The fee for a D-5j permit is one thousand eight hundred	1674
seventy-five dollars.	1675

Sec. 4303.182. (A) Except as otherwise provided in divisions	1676
(B) to (F) of this section, permit D-6 shall be issued to the	1677
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	1678
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-7	1679
permit to allow sale under that permit between the hours of ten	1680
a.m. and midnight, or between the hours of one p.m. and midnight,	1681
on Sunday, as applicable, if that sale has been authorized under	1682
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	1683
Code and under the restrictions of that authorization.	1684

(B) Permit D-6 shall be issued to the holder of any permit,	1685
including a D-4a and D-5d permit, authorizing the sale of	1686
intoxicating liquor issued for a premises located at any publicly	1687
owned airport, as defined in section 4563.01 of the Revised Code,	1688
at which commercial airline companies operate regularly scheduled	1689
flights on which space is available to the public, to allow sale	1690
under such permit between the hours of ten a.m. and midnight on	1691
Sunday, whether or not that sale has been authorized under section	1692
4301.361, 4301.364, 4301.365, or, 4301.366 of the Revised Code.	1693

(C) Permit D-6 shall be issued to the holder of a D-5a	1694
permit, and to the holder of a D-3 or D-3a permit who is the owner	1695
or operator of a hotel or motel that is required to be licensed	1696
under section 3731.03 of the Revised Code, that contains at least	1697
fifty rooms for registered transient guests, and that has on its	1698
premises a restaurantretail food establishment or a food service	1699
operation licensed pursuant to section 3717.43Chapter 3717. of	1700
the Revised Code that operates as a restaurant for purposes of	1701
this chapter and is affiliated with the hotel or motel and within	1702
or contiguous to the hotel or motel and serving food within the	1703
hotel or motel, to allow sale under such permit between the hours	1704
of ten a.m. and midnight on Sunday, whether or not that sale has	1705
been authorized under section 4301.361, 4301.364, 4301.365, or,	1706
4301.366 of the Revised Code.	1707

(D) The holder of a D-6 permit that is issued to a sports	1708
facility may make sales under the permit between the hours of	1709
eleven a.m. and midnight on any Sunday on which a professional	1710
baseball, basketball, football, hockey, or soccer game is being	1711
played at the sports facility. As used in this division, "sports	1712
facility" means a stadium or arena that has a seating capacity of	1713
at least four thousand and that is owned or leased by a	1714
professional baseball, basketball, football, hockey, or soccer	1715
franchise or any combination of those franchises.	1716

(E) Permit D-6 shall be issued to the holder of any permit	1717
that authorizes the sale of beer or intoxicating liquor and that	1718
is issued to a premises located in or at the Ohio historical	1719
society area or the state fairgrounds, as defined in division (B)	1720
of section 4301.40 of the Revised Code, to allow sale under that	1721
permit between the hours of ten a.m. and midnight on Sunday,	1722
whether or not that sale has been authorized under section	1723
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1724

(F) Permit D-6 shall be issued to the holder of any permit	1725
that authorizes the sale of intoxicating liquor and that is issued	1726
to an outdoor performing arts center to allow sale under that	1727
permit between the hours of one p.m. and midnight on Sunday,	1728
whether or not that sale has been authorized under section	1729
4301.361 of the Revised Code. A D-6 permit issued under this	1730
division is subject to the results of an election, held after the	1731
D-6 permit is issued, on question (B)(4) as set forth in section	1732
4301.351 of the Revised Code. Following the end of the period	1733
during which an election may be held on question (B)(4) as set	1734
forth in that section, sales of intoxicating liquor may continue	1735
at an outdoor performing arts center under a D-6 permit issued	1736
under this division, unless an election on that question is held	1737
during the permitted period and a majority of the voters voting in	1738
the precinct on that question vote "no."	1739

As used in this division, "outdoor performing arts center"	1740
means an outdoor performing arts center that is located on not	1741
less than eight hundred acres of land and that is open for	1742
performances from the first day of April to the last day of	1743
October of each year.	1744

(G) If the restriction to licensed premises where the sale	1745
of food and other goods and services exceeds fifty per cent of the	1746
total gross receipts of the permit holder at the premises is	1747
applicable, the division of liquor control may accept an affidavit	1748
from the permit holder to show the proportion of the permit	1749
holder's gross receipts derived from the sale of food and other	1750
goods and services. If the liquor control commission determines	1751
that affidavit to have been false, it shall revoke the permits of	1752
the permit holder at the premises concerned.	1753

(H) The fee for the D-6 permit is two hundred fifty dollars	1754
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a,	1755
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	1756
D-5i, D-5j, or D-7 permit. The fee for the D-6 permit is two	1757
hundred dollars when it is issued to the holder of a C-2 permit.	1758

Sec. 4303.183.  Permit D-7 may be issued to the holder of any	1759
D-2 permit issued by the division of liquor control, or if there	1760
is an insufficient number of D-2 permit holders to fill the resort	1761
quota, to the operator of a retail food establishment or a food	1762
service operation required to be licensed under section 3717.43	1763
Chapter 3717. of the Revised Code that operates as a restaurant	1764
for purposes of this chapter and which qualifies under the other	1765
requirements of this section, to sell beer and any intoxicating	1766
liquor at retail, only by the individual drink in glass and from	1767
the container, for consumption on the premises where sold. Not	1768
less than fifty per cent of the business on the permit premises	1769
shall be preparing and serving meals for a consideration in order	1770
to qualify for and continue to hold such D-7 permit. The permit	1771
premises shall be located in a resort area.	1772

"Resort area" means a municipal corporation, township,	1773
county, or any combination thereof, which provides entertainment,	1774
recreation, and transient housing facilities specifically intended	1775
to provide leisure time activities for persons other than those	1776
whose permanent residence is within the "resort area" and who	1777
increase the population of the "resort area" on a seasonal basis,	1778
and which experiences seasonal peaks of employment and	1779
governmental services as a direct result of population increase	1780
generated by the transient, recreating public. A resort season	1781
shall begin on the first day of May and end on the last day of	1782
October. Notwithstanding section 4303.27 of the Revised Code,	1783
such permits may be issued for resort seasons without regard to	1784
the calendar year or permit year. Quota restrictions on the	1785
number of such permits shall take into consideration the transient	1786
population during the resort season, the custom and habits of	1787
visitors and tourists, and the promotion of the resort and tourist	1788
industry. The fee for this permit is three hundred seventy-five	1789
dollars per month.	1790

Any suspension of a D-7 permit shall be satisfied during the	1791
resort season in which such suspension becomes final. If such	1792
suspension becomes final during the off-season, or if the period	1793
of the suspension extends beyond the last day of October, the	1794
suspension or remainder thereof shall be satisfied during the next	1795
resort season.	1796

The ownership of a D-7 permit may be transferred from one	1797
permit holder to another. The holder of a D-7 permit may file an	1798
application to transfer such permit to a new location within the	1799
same resort area, provided that such permit holder shall be the	1800
owner or operator of a retail food establishment or a food service	1801
operation, required to be licensed under section 3717.43Chapter	1802
3717. of the Revised Code, that operates as a restaurant for	1803
purposes of this chapter, at such new location.	1804

Section 2. That existing sections 3709.03, 3709.05, 3709.07,	1805
3715.01, 3715.021, 3717.01, 3717.05, 3717.11, 3717.22, 3717.25,	1806
3717.42, 3717.45, 4303.021, 4303.13, 4303.14, 4303.15, 4303.18,	1807
4303.181, 4303.182, and 4303.183 and section 3717.07 of the	1808
Revised Code are hereby repealed.	1809

Section 3. If a board of health does not have at least one	1810
member who is an individual who holds a current license to operate	1811
a food service operation under Chapter 3717. of the Revised Code	1812
on the effective date of this act, the appropriate appointing	1813
authority shall, upon the expiration of the term of office or upon	1814
filling a vacancy that occurs first after the effective date of	1815
this act, appoint an individual who holds that type of license to	1816
the board, and before that appointment, notwithstanding sections	1817
3709.03, 3709.05, and 3709.07 of the Revised Code as amended by	1818
this act, the board need not have a member who holds that type of	1819
license.	1820

Section 4. Licenses issued pursuant to Chapter 3717. of the	1821
Revised Code before the effective date of this act that were due	1822
to expire on February 28, 2002, instead remain valid until May 31,	1823
2002.	1824

Section 5.  Section 3709.05 of the Revised Code is presented	1825
in this act as a composite of the section as amended by both Am.	1826
Sub. H.B. 117 and Am. Sub. H.B. 355 of the 121st General Assembly.	1827
The General Assembly, applying the principle stated in division	1828
(B) of section 1.52 of the Revised Code that amendments are to be	1829
harmonized if reasonably capable of simultaneous operation, finds	1830
that the composite is the resulting version of the section in	1831
effect prior to the effective date of the section as presented in	1832
this act.	1833

Section 6. This act is hereby declared to be an emergency	1834
measure necessary for the immediate preservation of the public	1835
peace, health, and safety. The reason for such necessity is that	1836
licensure requirements are posing an undue economic burden upon	1837
small retail food establishments, threatening the livelihood of	1838
those employers and their employees. Therefore, this act shall go	1839
into immediate effect.	1840