| Section 1. That sections 3709.02, 3709.03, 3709.05, 3709.07, | 15 |
|
3715.01,
3715.021, 3715.59, 3715.60, 3717.01, 3717.03,
3717.05, | 16 |
|
3717.07, 3717.11, 3717.22, 3717.23, 3717.25,
3717.27,
3717.29, | 17 |
|
3717.42, 3717.43, 4303.021, 4303.13, 4303.14, 4303.15,
4303.18, | 18 |
|
4303.181,
4303.182, and 4303.183 be amended and sections
3709.41, | 19 |
|
3715.022, 3715.023, 3715.024, 3715.025, 3717.041, 3717.071, | 20 |
|
3717.111, and
3717.221 of the
Revised
Code be
enacted to
read as | 21 |
|
follows: | 22 |
| Sec. 3709.02. (A) In each general health district there | 23 |
|
shall
be a board of health consisting of five members to be | 24 |
appointed
as provided in
sectionsections 3709.03
and 3709.41 of | 25 |
|
the Revised Code. The term of
office of the members shall be five | 26 |
|
years from the date of
appointment, except that of those first | 27 |
|
appointed one shall serve
for five years, one for four years, one | 28 |
|
for three years, one for
two years, and one for one year, and | 29 |
|
thereafter one shall be
appointed each year. This paragraph does | 30 |
|
not apply to a combined
board of health created under section | 31 |
|
3709.07 of the Revised
Code. | 32 |
| (C) Each member of the board shall receive travel expenses | 37 |
|
at rates
established by the director of budget and management | 38 |
|
pursuant to section 126.31 of the Revised Code to cover the
actual | 39 |
|
and necessary travel expenses incurred for travel to and from | 40 |
|
meetings
that take place outside the county in which the member | 41 |
|
resides, except that
any member may receive travel expenses for | 42 |
|
registration for any conference
that takes place inside the county | 43 |
|
in which the member resides. | 44 |
| (D) A vacancy in the membership of the board shall be filled | 45 |
|
in
the same manner as an original appointment and shall be for the | 46 |
unexpired term. When a vacancy occurs,in a position to be filled | 47 |
by the district advisory council
3709.03 of the Revised Code the | 48 |
that, the council shall hold a special
meeting pursuant to section | 49 |
3709.03 of the Revised Code
and appointfor the purpose of | 50 |
appointing a member
in the same manner described in that
section | 51 |
for appointing members at annual meetings of the councilto fill | 52 |
|
the vacancy. | 53 |
| Sec. 3709.03. (A) There is hereby created in each general | 56 |
|
health district a district advisory council. A council shall | 57 |
|
consist of
the president of the board of county
commissioners, the | 58 |
|
chief executive of each municipal corporation
not constituting a | 59 |
|
city health district, and the
president of the
board of township | 60 |
|
trustees of each township. The board of
county commissioners, the | 61 |
|
legislative body of a municipal
corporation, and the board of | 62 |
|
township trustees of a township may
select an alternate from among | 63 |
|
themselves to serve if the
president, the chief executive, or the | 64 |
|
president of the board of
township trustees is unable to attend | 65 |
|
any meeting of the district
advisory council. When attending a | 66 |
|
meeting on behalf of
a council member, the alternate may vote on | 67 |
|
any matter on which the member is
authorized to vote. | 68 |
The council shall meet annually in
marchMarch at a
place | 72 |
|
determined by the chair
and the health commissioner for the | 73 |
purpose of electing the
chair and the secretary,
appointing a | 74 |
member ofmaking necessary appointments to the
board of health, | 75 |
|
receiving and considering the
annual or special
reports from the | 76 |
|
board of health, and making
recommendations to
the board of health | 77 |
|
or to the department of
health in regard to matters for
the | 78 |
|
betterment of health and
sanitation within the district or for | 79 |
|
needed
legislation. The
secretary of the council shall notify the | 80 |
|
district health
commissioner and the director of health of the | 81 |
|
proceedings of
such
meeting. | 82 |
(B)
At its annual meetings, theThe district advisory council | 91 |
shall appoint
one memberfour members of the board of health, and | 92 |
|
the remaining member shall be appointed by the health district | 93 |
|
licensing council established under section 3709.41 of the Revised | 94 |
|
Code. At
least one
member of
the board of health shall be a | 95 |
|
physician. Appointments shall be
made with due
regard to equal | 96 |
|
representation of all parts of the
district. | 97 |
| (C) If at an annual or special meeting at which a member of | 98 |
|
the
board of health is to be appointed fewer than a majority of | 99 |
|
the
members of the district council are present, the council, by | 100 |
|
the
majority vote of council members present, may organize an | 101 |
|
executive committee to make the appointment. An executive | 102 |
|
committee shall consist of five council members, including the | 103 |
|
president of
the board of county commissioners, the council chair, | 104 |
|
the council secretary,
and two additional council members selected | 105 |
|
by majority affirmative vote of
the council members present at the | 106 |
|
meeting. The additional members selected
shall include one | 107 |
|
representative of municipal corporations in the district
that are | 108 |
|
not city health districts and one representative of townships in | 109 |
|
the
district. If an individual is eligible for more than one | 110 |
|
position on the
executive committee due to holding a particular | 111 |
|
office, the individual shall
fill one position on the committee | 112 |
|
and the other position shall be filled by a
member selected by a | 113 |
|
majority affirmative vote of the council members present
at the | 114 |
|
meeting. A council member's alternate for annual meetings may | 115 |
|
serve as
the member's alternate at meetings of the executive | 116 |
|
committee. | 117 |
| Not later than thirty days after an executive committee is | 118 |
|
organized, the
committee shall meet and the council chair shall | 119 |
|
present to the committee the
matter of appointing a member of the | 120 |
|
board
of health. The committee shall appoint the board member by | 121 |
|
majority
affirmative vote. In the case of a combined health | 122 |
|
district, the executive
committee shall appoint only members of | 123 |
|
the board of health that are to be
appointed by the district | 124 |
|
advisory council, unless the contract for
administration of health | 125 |
|
affairs in the combined district provides otherwise.
If a | 126 |
|
majority affirmative vote is not reached within thirty
days after | 127 |
|
the executive committee is organized, the director of health shall | 128 |
|
appoint the member of the board of health under the authority | 129 |
|
conferred by
section 3709.03 of the Revised Code. | 130 |
| Sec. 3709.05. (A) Unless an administration of public health | 135 |
|
different from that specifically provided in this section is | 136 |
|
established and maintained under authority of its charter, or | 137 |
|
unless a
combined city health district is formed under
section | 138 |
|
3709.051 of the Revised Code, the legislative authority
of each | 139 |
|
city constituting a city health district shall establish
a board | 140 |
of health,. The board shall be composed of
fivefour members | 141 |
|
appointed by the
mayor and
confirmed by the legislative authority | 142 |
| and one member appointed by the health district licensing council | 143 |
|
established under section 3709.41 of the Revised Code. | 144 |
| (C) Each member of the board shall receive travel
expenses | 149 |
|
at rates established by the director of budget and
management | 150 |
|
pursuant to section 126.31 of the Revised Code to cover the actual | 151 |
|
and necessary travel expenses incurred for travel to and
from | 152 |
|
meetings that take place outside the county in which the member | 153 |
|
resides,
except that any member may receive travel
expenses for | 154 |
|
registration for any conference that takes place
inside the county | 155 |
|
in which the member resides. | 156 |
| Sec. 3709.07. Except as provided in section 3709.071 of
the | 167 |
|
Revised Code, when it is proposed that one or more city
health | 168 |
|
districts unite with a general health district in the
formation of | 169 |
|
a single district, the district advisory council of
the general | 170 |
|
health district shall meet and vote on the question
of union. It | 171 |
|
shall require a majority affirmative vote of the
members of the | 172 |
|
district advisory council to carry the question.
The legislative | 173 |
|
authority of each city shall likewise vote on the
question. A | 174 |
|
majority voting affirmatively shall be required for
approval.
When | 175 |
|
the majority of the district advisory council and
the
legislative | 176 |
|
authority have voted affirmatively, the
chair of the
council and | 177 |
|
the chief executive of each city shall enter
into a
contract for | 178 |
|
the administration of health affairs in the
combined
district. | 179 |
|
Such contract shall state the proportion of
the
expenses of the | 180 |
|
board of health or health department of the
combined district to | 181 |
|
be paid by the city or cities and by the
original general health | 182 |
|
district. The contract may provide that
the administration of the | 183 |
|
combined district shall be taken over
by
either the board of | 184 |
|
health or health department of one of the
cities, by the board of | 185 |
|
health of the general health district, or
by a combined board of | 186 |
|
health. Such contract shall prescribe the
date on which such | 187 |
|
change of administration shall be made. A
copy
of such contract | 188 |
|
shall be filed with the director of health. | 189 |
| The combined district shall constitute a general health | 190 |
|
district, and the board of health or health department of the | 191 |
|
city, the board of health of the original general health
district, | 192 |
|
or the combined board of health, as may be agreed in
the contract, | 193 |
|
shall have, within the combined district, all the
powers granted | 194 |
|
to, and perform all the duties required of, the
board of health of | 195 |
|
a general health district. | 196 |
| If the contract provides that the administration of the | 202 |
|
combined district shall be taken over by a combined board of | 203 |
|
health, rather than the board of health of the original health | 204 |
|
district, the contract shall set forth the number of members of | 205 |
|
such board, their terms of office, and the manner of appointment | 206 |
|
or election of officers. One of the members of such combined | 207 |
|
board of health shall be a physician, and one member shall be an | 208 |
|
individual appointed by the health district licensing council | 209 |
|
established under section 3709.41 of the Revised Code. The | 210 |
|
contract may also
provide for the representation of areas by one | 211 |
|
or more members
and shall, in such event, specify the territory to | 212 |
|
be included in
each such area. | 213 |
| The appointment of any member of the combined board who is | 214 |
|
designated by the provisions of the contract to represent a city | 215 |
|
shall be made by the chief executive and approved by the | 216 |
|
legislative authority of such city. If a member is designated by | 217 |
|
the contract to represent more than one city, the member shall be | 218 |
|
appointed by majority vote of the chief executives of all cities | 219 |
included in any such area.
TheExcept for the member appointed by | 220 |
|
the health district licensing council, the appointment of all | 221 |
|
members of the
combined board who are designated to represent the | 222 |
|
balance of the
district shall be made by the district advisory | 223 |
|
council. | 224 |
| (B) Pursuant to sections 3709.03, 3709.05, and 3709.07 of | 244 |
|
the Revised Code, the health district licensing council shall | 245 |
|
appoint one of its members to serve as a member of the board of | 246 |
|
health. The council shall appoint one of its members to serve as | 247 |
|
an alternate board of health member if for any reason the original | 248 |
|
member is required to abstain from voting on a particular issue | 249 |
|
being considered by the board of health. While serving on behalf | 250 |
|
of the original member, the alternate member has the same powers | 251 |
|
and duties as the original member. | 252 |
| (5)
"Device," except when used in division (B)(1) of this | 273 |
|
section and in division (A)(10) of section 3715.52,
division (F) | 274 |
|
of
section 3715.60, division (A)(5) of section 3715.64, and | 275 |
|
division
(C) of section 3715.67 of the Revised Code, means any | 276 |
|
instrument,
apparatus, implement, machine, contrivance, implant, | 277 |
|
in vitro
reagent, or other similar or related article, including | 278 |
|
any
component, part, or accessory, that is any of the following: | 279 |
| (14)(a)
"Manufacture" means the planting, cultivating, | 336 |
|
harvesting, processing, making, preparing, or otherwise engaging | 337 |
|
in any part of the production of a drug by propagating, | 338 |
|
compounding, converting, or processing, either directly or | 339 |
|
indirectly by extracting from substances of natural origin, or | 340 |
|
independently by means of chemical synthesis, or by a combination | 341 |
|
of extraction and chemical synthesis, and includes the
following: | 342 |
| (16)
"Generically equivalent drug" means a drug that
contains | 361 |
|
identical amounts of the identical active ingredients,
but not | 362 |
|
necessarily containing the
same inactive ingredients, that
meets | 363 |
|
the identical compendial or
other applicable standard of
identity, | 364 |
|
strength, quality, and
purity, including potency, and
where | 365 |
|
applicable, content
uniformity, disintegration times, or | 366 |
|
dissolution rates, as the
prescribed brand name drug and the | 367 |
|
manufacturer or distributor
holds, if applicable, either an | 368 |
|
approved new drug application or
an approved abbreviated new drug | 369 |
|
application unless other
approval by law or from the federal food | 370 |
|
and drug administration
is required. | 371 |
| (20) "Cottage food production operation" means a person who, | 395 |
|
in the person's home, produces food items that are not potentially | 396 |
|
hazardous food, including bakery products, jams, jellies, candy, | 397 |
|
fruit butter, and similar products specified in rules adopted | 398 |
|
pursuant to section 3715.025 of the Revised Code. | 399 |
| (1) If an article is alleged to be misbranded because the | 402 |
|
labeling is misleading, or if an advertisement is alleged to be | 403 |
|
false because it is misleading, then in determining whether the | 404 |
|
labeling or advertisement is misleading, there shall be taken
into | 405 |
|
account, among other things, not only representations made
or | 406 |
|
suggested by statement, word, design, device, sound, or in any | 407 |
|
combination thereof, but also the extent to which the labeling or | 408 |
|
advertisement fails to reveal facts material in the light of such | 409 |
|
representations or material with respect to consequence which may | 410 |
|
result from the use of the article to which the labeling or | 411 |
|
advertisement relates under the conditions of use prescribed in | 412 |
|
the labeling or advertisement thereof or under such conditions of | 413 |
|
use as are customary or usual. | 414 |
| (2) The provisions regarding the selling of food, drugs, | 415 |
|
devices, or cosmetics include the manufacture, production, | 416 |
|
processing, packing, exposure, offer, possession, and holding of | 417 |
|
any such article for sale; and the sale, dispensing, and giving
of | 418 |
|
any such article, and the supplying or applying of any such | 419 |
|
articles in the conduct of any food, drug, or cosmetic | 420 |
|
establishment. The provisions do not prohibit
a licensed health | 421 |
|
professional authorized to
prescribe drugs from administering or | 422 |
|
personally furnishing a drug or device
to a patient. | 423 |
| (3) The representation of a drug, in its labeling or | 424 |
|
advertisement, as an antiseptic is a representation that it is a | 425 |
|
germicide, except in the case of a drug purporting to be, or | 426 |
|
represented as, an antiseptic for inhibitory use as a wet | 427 |
|
dressing, ointment, dusting powder, or other use
that involves | 428 |
|
prolonged contact with the body. | 429 |
| (4) Whenever jurisdiction is vested in the director of | 430 |
|
agriculture or
the
state board of pharmacy, the jurisdiction of | 431 |
|
the board
shall be limited to the sale, offering for sale, giving | 432 |
|
away,
delivery, or dispensing in any manner of drugs at the | 433 |
|
wholesale
and retail levels or to the consumer and shall be | 434 |
|
exclusive in
the case of such sale, offering for sale, giving | 435 |
|
away, delivery,
or dispensing in any manner of drugs at the | 436 |
|
wholesale and retail
levels or to the consumer in any place where | 437 |
|
prescriptions are
dispensed or compounded. | 438 |
Sec. 3715.021. (A) As used in this section,
"wholesale | 443 |
|
food
processing
establishment" means a
premises or part of a | 444 |
|
premises where food
is processed, packaged,
manufactured, or | 445 |
|
otherwise held or handled
for
distribution to another location or | 446 |
for
sale
or distribution at wholesale
to persons other than the | 447 |
ultimate consumers.
"Wholesale foodFood processing establishment" | 448 |
|
includes the
activities of a bakery, confectionery, cannery, | 449 |
|
bottler,
warehouse, or distributor, and the activities of an | 450 |
|
entity that
receives or salvages distressed food for sale or use | 451 |
|
as food.
A "food processing establishment" does not include a | 452 |
|
cottage food production operation; a processor of maple syrup who | 453 |
|
boils sap when a minimum of seventy-five per cent of the sap used | 454 |
|
to produce the syrup is collected directly from trees by that | 455 |
|
processor; a processor of sorghum who processes sorghum juice when | 456 |
|
a minimum of seventy-five per cent of the sorghum juice used to | 457 |
|
produce the sorghum is extracted directly from sorghum plants by | 458 |
|
that processor; or a beekeeper who jars honey when a minimum of | 459 |
|
seventy-five per cent of the honey is from that beekeeper's own | 460 |
|
hives. | 461 |
| (B) The director of agriculture shall adopt rules in | 462 |
|
accordance
with Chapter 119. of the Revised Code that establish, | 463 |
|
when
otherwise not
established by the Revised Code,
standards
and | 464 |
good manufacturing
practices for
wholesale food
processing | 465 |
establishments, including
the facilities of
wholesale food | 466 |
| processing
establishments and
their sanitation.
The rules shall | 467 |
|
conform with or be equivalent to the standards for foods | 468 |
|
established by the United States food and drug administration in | 469 |
|
Title 21 of the Code of Federal Regulations. | 470 |
| Sec. 3715.022. All food products, including those produced | 475 |
|
and packaged
by a cottage food production operation, and all | 476 |
|
packaged maple
syrup, sorghum, and honey, are subject to food | 477 |
|
sampling conducted
by the director of agriculture, or a | 478 |
|
representative the director
authorizes, to determine if a food | 479 |
|
product is misbranded or
adulterated. A component of the food | 480 |
|
sampling conducted under this section may include the performance | 481 |
|
of sample analyses in accordance with section 3715.02 of the | 482 |
|
Revised Code. | 483 |
| Sec. 3715.024. (A) A maple syrup or sorghum processor and | 514 |
|
beekeeper
described in division (A) of section 3715.021 of the | 515 |
|
Revised Code may request that the
director of agriculture conduct | 516 |
|
a voluntary inspection of the processor's or
beekeeper's | 517 |
|
facilities. After the inspection is completed, if the
inspector | 518 |
|
determines that the facilities comply with the rules
adopted by | 519 |
|
the director pursuant to division (B) of this section,
the | 520 |
|
processor or beekeeper may place on the label required under | 521 |
|
section 3715.023 of the Revised Code a seal of conformity and | 522 |
|
inspection of the department of
agriculture. | 523 |
| (K) It is confectionery and it bears or contains any alcohol | 576 |
|
or
nonnutritive
article or substance other than harmless coloring, | 577 |
|
harmless flavoring, harmless
resinous glaze not in excess of | 578 |
|
four-tenths of one per cent, harmless natural
wax not in excess of | 579 |
|
four-tenths of one per cent, harmless natural gum,
or
pectin, | 580 |
|
except that this division shall not apply to
any confectionery by | 581 |
|
reason of its containing less than one-half of one per cent by | 582 |
|
volume of
alcohol derived solely from the use of flavoring | 583 |
|
extracts, or to any chewing
gum by reason of its containing | 584 |
|
harmless nonnutritive masticatory substances. | 585 |
| (F) Any word, statement, or other information required by
or | 614 |
|
under authority of sections 3715.01, 3715.02, and 3715.52
to | 615 |
|
3715.72 of the Revised Code, to appear on the label or
labeling is | 616 |
|
not prominently placed thereon with such
conspicuousness as | 617 |
|
compared with other words, statements,
designs, or devices, in the | 618 |
|
labeling, and in such terms as to
render it likely to be read and | 619 |
|
understood by the ordinary
individual under customary conditions | 620 |
|
of purchase and use. | 621 |
| (2) In case it is fabricated from two or more ingredients, | 647 |
|
the common or usual name of each ingredient; except that
spices, | 648 |
|
flavorings, and colorings, other than those sold as such,
may be | 649 |
|
designated as spices, flavorings, and colorings, without
naming | 650 |
|
each; provided, that, to the extent that compliance with
the | 651 |
|
requirements of division (I)(2) of this section is
impractical or | 652 |
|
results in deception or unfair competition,
exemptions shall be | 653 |
|
established by rules
adopted by the
director; and provided that | 654 |
|
these requirements shall not apply to
any carbonated beverage of | 655 |
|
which a full and correct statement of
the ingredients, to the | 656 |
|
extent prescribed by division (I)(2) of
this section, has been | 657 |
|
filed under oath with the director. | 658 |
| (K) It bears or contains any artificial flavoring, | 665 |
|
artificial coloring, or chemical preservative, unless it bears | 666 |
|
labeling stating that fact; provided, that to the extent that | 667 |
|
compliance with the requirements of this division is | 668 |
|
impracticable, exemptions shall be established by
rules proposed | 669 |
|
by the director and adopted by the public health
council. | 670 |
| (C) "Retail food establishment" means a premises or part of | 679 |
a
premises where food,
over-the-counter drugs, nutrients designed | 680 |
for use in
lieu of pharmaceuticals, and products designed for use | 681 |
as dietary supplements
areis stored, processed, prepared, | 682 |
|
manufactured, or otherwise
held or handled for retail sale.
Except | 683 |
|
when
expressly provided otherwise, "retail food
establishment" | 684 |
|
includes a
mobile retail food establishment, seasonal
retail food | 685 |
|
establishment, and
temporary retail
food establishment. | 686 |
| (F) "Food service operation" means a place, location,
site, | 701 |
|
or separate area where food intended to be served in
individual | 702 |
|
portions is prepared or served for a charge or
required donation. | 703 |
|
As used in this division,
"served" means a response made to an | 704 |
|
order for one or more individual portions
of food in a form that | 705 |
|
is edible without washing, cooking, or additional
preparation and | 706 |
|
"prepared" means any action that affects a food other than | 707 |
|
receiving or maintaining it at the temperature at which it was | 708 |
|
received. | 709 |
| (I) "Mobile food service operation" means a food service | 725 |
|
operation that is operated from a movable vehicle, portable | 726 |
|
structure, or watercraft and that routinely changes
location, | 727 |
|
except that if the operation remains at any one
location for more | 728 |
|
than forty consecutive days, the operation is no
longer a mobile | 729 |
food service operation, but is either a different type food | 730 |
service operation or a retail food establishment according to the | 731 |
activities
being engaged in and the type of food being offered for | 732 |
sale. "Mobile food
service operation" includes
ana food service | 733 |
|
operation that
does not remain at any one
location for more than | 734 |
|
forty
consecutive days and serves, in a manner consistent with | 735 |
|
division (F) of this section, only frozen desserts;
beverages, | 736 |
|
nuts,
popcorn, candy, or similar confections; bakery products | 737 |
|
identified
in section 911.01 of the Revised Code; or any | 738 |
|
combination of those
items. | 739 |
| (L) "Vending machine location" means an area or room where | 748 |
|
one or more vending machines are installed and operated, except | 749 |
|
that if the machines within an area are separated by more than
one | 750 |
|
hundred fifty feet, each area separated by that distance | 751 |
|
constitutes a separate vending machine location. As used in this | 752 |
|
division,
"vending machine" means a self-service device that | 753 |
|
automatically dispenses on
the insertion of currency, tokens, or | 754 |
|
similar means a predetermined unit
serving of food, either in bulk | 755 |
|
or in package, without having to be
replenished after each use. | 756 |
| Sec. 3717.041. To assist in the uniform application of the | 826 |
|
rules adopted under this chapter, the
director of agriculture, | 827 |
|
public health council, and director of
health shall jointly issue | 828 |
|
a letter of opinion when issuance of a
letter of opinion is | 829 |
|
recommended by the retail food safety
advisory council under | 830 |
|
section 3717.03 of the Revised Code. A
letter of opinion shall be | 831 |
|
issued not later than sixty days after
the
date the recommendation | 832 |
|
is received from the council. | 833 |
| Sec. 3717.05. (A) The
director of agriculture and the | 840 |
|
public health council shall adopt
rules establishing standards for | 841 |
|
safe food handling and sanitation
in retail food establishments | 842 |
|
and food service operations. The
rules shall be compiled as the | 843 |
|
Ohio uniform food safety code, which
shall
be used by the | 844 |
licensors of retail food establishments and food
servicesservice | 845 |
|
operations in ensuring the safe handling of food in this state. | 846 |
|
All
scientific provisions of the Ohio uniform
food safety code | 847 |
|
that
are relevant to both retail food establishments and food | 848 |
|
service
operations shall be adopted by the director of agriculture | 849 |
|
and
the
public health council with each other's concurrence. | 850 |
| (B)(1) Except as provided in division (B)(2) of
this | 867 |
|
section, if
a model food code is established by the United States | 868 |
|
food
and
drug administration, the Ohio uniform food safety code | 869 |
|
shall be based
on
the most current version of the food and drug | 870 |
|
administration's model food
code. If the food and drug | 871 |
|
administration adopts, modifies, or rescinds
a provision in the | 872 |
model food code, not later than
ninetwelve months
after the | 873 |
|
administration's action, the director of agriculture and
public | 874 |
|
health council shall adopt, amend, or rescind provisions in
the | 875 |
|
Ohio uniform food safety code to ensure that it continues to | 876 |
|
conform
with the model food code. | 877 |
| Sec. 3717.07. (A) For purposes of establishing a licensing | 888 |
|
fee under
sections 3717.25 and 3717.45 of the Revised Code, the | 889 |
|
director of
agriculture and the public health council shall adopt | 890 |
|
rules establishing
uniform methodologies for use
in calculating | 891 |
|
the costs of licensing retail food establishments in the | 892 |
|
categories specified by the
director and the costs of licensing | 893 |
|
food service operations in the
categories specified by the | 894 |
|
council. In adopting the rules, the
director of agriculture and | 895 |
|
the public health council shall
consider any recommendations | 896 |
|
received from advisory boards or
other entities representing the | 897 |
|
interests of retail food
establishments and food service | 898 |
|
operations. | 899 |
| (7)
With regard to any fees charged for licensing vending | 922 |
|
machine
locations, the rules shall prohibit a licensor from | 923 |
|
increasing fees
by a percentage of increase over the previous | 924 |
|
year's fee that
exceeds the percentage of increase in the consumer | 925 |
|
price index for
all urban consumers (United States city average, | 926 |
|
all items),
prepared by the United States department of labor, | 927 |
|
bureau of
labor
statistics, for the immediately preceding calendar | 928 |
|
year. | 929 |
|
(B)(1) If the licensor is a board of health, the board | 937 |
|
shall submit the form to the director of agriculture in the case | 938 |
|
of fees being charged for retail food establishment licenses, and | 939 |
|
to the director of health in the case of fees being charged for | 940 |
|
food service operation licenses. The board shall submit the form | 941 |
|
to the appropriate director not later than the first day of the | 942 |
|
fiscal year in which the fees will apply. A form that is mailed | 943 |
|
to the director shall be considered to have been submitted on its | 944 |
|
postmark date. | 945 |
|
(2) On receipt of a form from a board of health, the | 946 |
|
director of agriculture or
director of health shall review the | 947 |
|
form to determine if the board has calculated its fees in | 948 |
|
accordance with the uniform methodologies. The director may | 949 |
|
request that the auditor
of state conduct an audit of the board | 950 |
|
to determine if the fees it established are appropriate.
The audit | 951 |
|
is in addition to the
annual or biennial audit
conducted
pursuant | 952 |
|
to division (A) of
section 117.11 of the
Revised Code,
and the | 953 |
|
cost of the audit is the responsibility of
the board of
health. | 954 |
|
If at any time the director of agriculture
or director of
health | 955 |
|
has reasonable
cause to believe that a
different audit of a
board | 956 |
|
of health is in the public
interest,
the director may
request that | 957 |
|
the auditor of state conduct the
audit. If the
audit is | 958 |
|
conducted, the cost of the audit is the
responsibility of
the | 959 |
|
board of health. | 960 |
| Sec. 3717.11. (A) Each
board of health shall be surveyed | 985 |
|
for the purpose of
determining whether the board is qualified and | 986 |
|
has the capacity to administer
and enforce
this chapter and the | 987 |
|
rules adopted under it and to abide by the
Ohio uniform food | 988 |
|
safety code.
If the board licenses or proposes to license retail | 989 |
|
food
establishments, the survey shall be conducted by the
director | 990 |
|
of agriculture. If the board licenses or
proposes to license food | 991 |
|
service operations, the survey shall
be conducted by the director | 992 |
|
of health. | 993 |
| If a survey demonstrates that the board
is qualified and has | 1000 |
|
the requisite capacity, the director conducting
the survey shall | 1001 |
|
approve the board as the
licensor
of retail food establishments or | 1002 |
|
food service operations,
whichever is being considered, for the | 1003 |
|
district the board serves. If a survey demonstrates that a board | 1004 |
|
is not qualified or does not have the requisite capacity,
the | 1005 |
|
director conducting the survey shall not approve the
board as a | 1006 |
|
licensor, or shall revoke the director's
approval, whichever is | 1007 |
|
appropriate. The board may appeal the decision to deny or
revoke | 1008 |
|
approval to the director taking the action. The appeal shall be | 1009 |
|
conducted in accordance with rules adopted under section 3717.33 | 1010 |
|
or 3717.52 of
the Revised Code, as applicable. | 1011 |
| If approval is denied or revoked, the director
taking the | 1012 |
|
action shall designate an alternative licensor for
the
health | 1013 |
|
district
served by the board.
The alternative licensor shall be a | 1014 |
|
board of health that is
qualified and has the requisite
capacity | 1015 |
|
to serve as alternative
licensor, except that if a
qualified and | 1016 |
|
capable board is not
available from a
health district within | 1017 |
|
reasonable proximity, the
director that denied or revoked the | 1018 |
|
board's approval
shall act as
the alternative licensor. | 1019 |
| (C) All fees charged under section 3717.25 or
3717.45 of the | 1026 |
|
Revised
Code that have not been expended by a board that has
had | 1027 |
|
its approval revoked shall be transferred to the alternative | 1028 |
|
licensor. A board of health acting as
alternative licensor shall | 1029 |
|
deposit the fees into a special fund
it establishes for receipt of | 1030 |
|
funds pertaining to the district
for which it is acting as | 1031 |
|
licensor.
If the director of agriculture is acting as licensor, | 1032 |
|
the
director shall deposit the fees in the food safety fund | 1033 |
|
created
in section 915.24 of the Revised Code.
If the director of | 1034 |
|
health is
acting as
licensor, the director shall deposit the fees | 1035 |
|
in the general operations
fund created in section 3701.83 of the | 1036 |
|
Revised Code.
All
subsequent fees
charged in the district by the | 1037 |
|
alternative
licensor
shall be deposited in the same manner.
Moneys | 1038 |
|
deposited
under
this division shall be used solely for the | 1039 |
|
administration
and
enforcement of this chapter and the rules | 1040 |
|
adopted under it in
the
district for which the alternative | 1041 |
|
licensor is
acting as
licensor. | 1042 |
| Sec. 3717.111. (A) A board of health acting as a licensor of | 1061 |
|
retail food establishments or food service operations may withdraw | 1062 |
|
from serving as licensor of either or both. Before withdrawing as | 1063 |
|
licensor, the board shall provide written notice of its intent to | 1064 |
|
withdraw. If the withdrawal applies to the licensing of retail | 1065 |
|
food establishments, the board shall provide the notice to the | 1066 |
|
director of agriculture. If the withdrawal applies to the | 1067 |
|
licensing of food service operations, the board shall provide the | 1068 |
|
notice to the director of health. On receipt of the notice, the | 1069 |
|
responsible director shall designate an alternative licensor for | 1070 |
|
the health district served by the board. The alternative licensor | 1071 |
|
shall be a
board of health that is qualified and has the requisite | 1072 |
|
capacity to serve as alternative licensor, except that if a | 1073 |
|
qualified and capable board is not available from a
health | 1074 |
|
district within reasonable proximity, the
director of agriculture | 1075 |
|
or director of health, as appropriate,
shall act as the | 1076 |
|
alternative
licensor. | 1077 |
| (C) All fees charged under section 3717.25 or
3717.45 of the | 1084 |
|
Revised
Code that have not been expended by a board that has | 1085 |
|
withdrawn as licensor shall be transferred to the alternative | 1086 |
|
licensor. A board of health acting as
alternative licensor shall | 1087 |
|
deposit the fees into a special fund
it establishes for receipt of | 1088 |
|
funds pertaining to the district
for which it is acting as | 1089 |
|
licensor.
If the director of agriculture is acting as licensor, | 1090 |
|
the
director shall deposit the fees in the food safety fund | 1091 |
|
created
in section 915.24 of the Revised Code.
If the director of | 1092 |
|
health is
acting as
licensor, the director shall deposit the fees | 1093 |
|
in the general operations
fund created in section 3701.83 of the | 1094 |
|
Revised Code.
All subsequent fees
charged in the district by the | 1095 |
|
alternative licensor
shall be deposited in the same manner.
Moneys | 1096 |
|
deposited under
this division shall be used solely for the | 1097 |
|
administration and
enforcement of this chapter and the rules | 1098 |
|
adopted under it in the
district for which the alternative | 1099 |
|
licensor is
acting as licensor. | 1100 |
| (3) A business or that portion of a business that is | 1114 |
|
regulated by the
federal government or the department of | 1115 |
agriculture as a food manufacturing or food processing
operation | 1116 |
business,
including
an
operationa business or that
portion of
an | 1117 |
operationa business regulated
by the department
of
agriculture | 1118 |
|
under Chapter
911., 913., 915.,
917., 918., or 925.
of the Revised | 1119 |
|
Code. | 1120 |
| (4) A nonprofit organization exempt from federal income | 1145 |
|
taxation under
section 501(c)(3) of the "Internal Revenue
Code of | 1146 |
|
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that
raises | 1147 |
funds by
selling
displayed foods, if the foods
that are not | 1148 |
potentially
hazardous
and
the display is made for not more than | 1149 |
|
seven
consecutive days or
more than fifty-two separate days during | 1150 |
|
a
licensing period. This
exemption extends to any individual or | 1151 |
group raising all of its funds during
the
display time periods | 1152 |
|
specified in division (B)(4) of this section
for the benefit of | 1153 |
the nonprofit organization by selling
displayed foods under the | 1154 |
|
same
conditions. | 1155 |
| (5) An establishment that offers food
contained in displays | 1156 |
|
of
less than five hundred square feet,
and
if required to be | 1157 |
|
licensed would be classified as
risk
level one pursuant to rules | 1158 |
|
establishing licensing categories
for
retail food establishments | 1159 |
|
adopted under section 3717.33 of
the
Revised Code, on the | 1160 |
|
condition that the establishment offers the
food for
sale at | 1161 |
|
retail not
more than six months in each calendar
year; | 1162 |
|
(13) Establishments that, with respect to offering food for | 1203 |
|
sale, offer only alcoholic beverages, prepackaged
beverages that | 1204 |
|
are not potentially hazardous, or commercially prepackaged
food | 1205 |
|
that is not potentially hazardous, on the condition that
the | 1206 |
|
commercially prepackaged food is
contained in displays, the total | 1207 |
|
space of which equals less
than
one hundred cubic feet on the | 1208 |
|
premises of the operation; | 1209 |
|
(f) The products or items described in divisions (B)(8) to | 1245 |
|
(10) of this section, on the condition that those products or | 1246 |
|
items were produced by the person offering to sell them, and | 1247 |
|
further conditioned that, with respect to eggs offered, the person | 1248 |
|
offering to sell them annually maintains five hundred or fewer | 1249 |
|
birds, and with respect to dressed chickens offered, the person | 1250 |
|
annually raises and slaughters one thousand or fewer chickens. | 1251 |
| Sec. 3717.23. (A) Each person or
government entity seeking | 1270 |
|
a retail food establishment license
or the renewal of a license | 1271 |
|
shall apply to the appropriate
licensor on a form provided by the | 1272 |
|
licensor. A licensor shall
use a form prescribed and furnished to | 1273 |
|
the licensor by the
director of agriculture or a form prescribed | 1274 |
|
by the licensor
that has been approved by the director. The | 1275 |
|
applicant shall include with
the application all information | 1276 |
|
necessary for the licensor to process the application, as | 1277 |
|
requested by the
licensor. | 1278 |
| An application for a retail food establishment license, other | 1279 |
|
than an application for a mobile retail food establishment | 1280 |
|
license, shall be submitted
to the licensor for the
health | 1281 |
|
district in which
the retail food establishment is located.
An | 1282 |
|
application for a mobile retail food establishment license shall | 1283 |
|
be submitted to the licensor for the health district in which the | 1284 |
|
applicant's business headquarters are located, or, if the | 1285 |
|
headquarters are located outside this state, to the licensor for | 1286 |
|
the district where the applicant will first operate in this state. | 1287 |
| (D) A retail food establishment license may be renewed, | 1313 |
|
except
that a temporary retail food establishment license is not | 1314 |
|
renewable. A person
or government entity seeking license renewal | 1315 |
|
shall submit
an application for renewal to the licensor not later | 1316 |
|
than the first day of
March, except in the case of a
mobile or | 1317 |
|
seasonal retail food establishment,
when the renewal application | 1318 |
|
shall be submitted before commencing operation in
a new licensing | 1319 |
|
period. A licensor may renew a
license prior to the first day of | 1320 |
|
March
or the first day of operation in a new licensing period, but | 1321 |
|
not before the first
day of February immediately
preceding the | 1322 |
|
licensing period for which the license is being
renewed. | 1323 |
| If a person or government entity does not file a renewal | 1324 |
|
application
with the licensor postmarked on or before the first | 1325 |
|
day of
March or, in the case of a
mobile or seasonal retail food | 1326 |
|
establishment, the
first day of operation in a new licensing | 1327 |
period, the licensor shall
assess a penalty
of. The amount of the | 1328 |
|
penalty shall be the lesser of fifty dollars or twenty-five per | 1329 |
|
cent of the fee charged for
renewing the license, if the licensor | 1330 |
|
charges renewal fees.
If an
applicant is subject to a penalty, | 1331 |
|
the licensor shall not renew
the license until the applicant pays | 1332 |
|
the penalty. | 1333 |
| (F) The licensor may
place restrictions or conditions on a | 1352 |
|
retail food establishment
license, based on the equipment or | 1353 |
|
facilities of the establishment, limiting
the types of food that | 1354 |
|
may be stored, processed, prepared, manufactured,
or otherwise | 1355 |
|
held or handled for retail sale.
Limitations pertaining to a | 1356 |
|
mobile retail food establishment shall be posted on the back of | 1357 |
|
the license. | 1358 |
| Any licensing fee charged under this section shall be based | 1370 |
|
on
the licensor's costs of
regulating retail food
establishments, | 1371 |
|
as
determined according to the uniform
methodologies established | 1372 |
|
under
section 3717.07 of the Revised
Code. If the licensor is a | 1373 |
|
board
of health, a fee may be
disapproved by the district advisory | 1374 |
|
council in the case of a
general health district or the | 1375 |
|
legislative authority of the city
in the case of a city health | 1376 |
|
district. A disapproved fee shall
not be charged by the board of | 1377 |
|
health. | 1378 |
| At least thirty days
prior to establishing a licensing fee, | 1379 |
|
the licensor shall hold a
public hearing regarding the proposed | 1380 |
|
fee. At least thirty days
prior to the public hearing, the | 1381 |
|
licensor shall give written
notice of the hearing to each person | 1382 |
|
or government entity holding a retail
food establishment license | 1383 |
|
that may be affected by
the proposed fee. The notice shall be | 1384 |
|
mailed to the last known
address of the licensee and shall specify | 1385 |
|
the date, time, and
place of the hearing and the amount of the | 1386 |
|
proposed fee. On
request, the licensor shall provide the | 1387 |
|
completed uniform
methodology used in the calculation of the | 1388 |
|
licensor's costs and
the proposed fee. | 1389 |
| (C) The director
may determine by rule an amount to be | 1403 |
|
collected from
applicants for retail food establishment licenses | 1404 |
|
for use by the
director in administering and enforcing the | 1405 |
|
provisions of this chapter and the
rules adopted under it | 1406 |
|
applicable to retail food establishments. Licensors
shall collect | 1407 |
|
the amount
prior to issuing an applicant's new or renewed license. | 1408 |
|
If a
licensing fee is charged under this section, the licensor | 1409 |
|
shall
collect the amount at the same time the fee is collected.
| 1410 |
|
Licensors are not required to provide notice or hold public | 1411 |
|
hearings regarding amounts collected under this division. | 1412 |
| Not later than sixty days after the last day of the month
in | 1413 |
|
which a license is issued, the licensor shall certify the
amount | 1414 |
|
collected under this division and transmit the amount to
the | 1415 |
|
treasurer of state. All amounts received shall be deposited into | 1416 |
|
the food
safety fund created in
section
915.24 of the Revised | 1417 |
|
Code. The director shall use the amounts solely for the | 1418 |
|
administration and enforcement of the provisions of this chapter | 1419 |
|
and the rules
adopted under
it applicable to retail food | 1420 |
|
establishments. | 1421 |
| Sec. 3717.27. (A) All inspections of retail food | 1429 |
|
establishments conducted by a licensor under this chapter shall be | 1430 |
|
conducted
according to the procedures and schedule of frequency | 1431 |
|
specified in rules
adopted under section 3717.33 of the Revised | 1432 |
|
Code. An inspection may be
preformed only by an individual | 1433 |
|
registered as a
sanitarian or sanitarian-in-training
under Chapter | 1434 |
|
4736. of the Revised
Code. Each inspection shall be recorded on a | 1435 |
|
form
prescribed and furnished by the director of
agriculture or a | 1436 |
|
form approved by the director that has been prescribed by a
board | 1437 |
|
of health acting as licensor. With the assistance of the | 1438 |
|
director, a board acting as licensor, to the extent practicable, | 1439 |
|
shall
computerize the inspection process and
standardize the | 1440 |
|
manner in which its inspections are
conducted. | 1441 |
| (B) A person or government entity holding a retail food | 1442 |
|
establishment license shall
permit the licensor to inspect the | 1443 |
|
retail food establishment for
purposes of determining compliance | 1444 |
|
with this chapter and the
rules adopted under it or investigating | 1445 |
|
a complaint concerning
the establishment. On request of the | 1446 |
licensor, the
licenseelicense holder shall permit the
licensor to | 1447 |
|
examine the
records of the retail food establishment to obtain | 1448 |
|
information
about the purchase, receipt, or use of food, supplies, | 1449 |
|
and
equipment. | 1450 |
| A licensor may inspect any mobile retail food establishment | 1451 |
|
being operated within the licensor's district. If an inspection of | 1452 |
|
a mobile retail food establishment is conducted by a licensor | 1453 |
|
other than the licensor that issued the license for the | 1454 |
|
establishment, a report of the inspection shall be sent to the | 1455 |
|
issuing licensor. The issuing licensor may use the inspection | 1456 |
|
report to suspend or revoke the license under section 3717.29 or | 1457 |
|
3717.30 of the Revised Code. | 1458 |
| (C)(1) Except
in the case of a violation that presents a | 1473 |
|
clear and present danger to
the public health, before initiating | 1474 |
|
action to suspend or
revoke a retail food establishment license, | 1475 |
|
the board shall give the license
holder written
notice specifying | 1476 |
|
each violation and a reasonable time within
which the license | 1477 |
|
holder must correct each violation to avoid suspension or | 1478 |
|
revocation of the license.
The board may extend the time | 1479 |
|
specified in the notice for
correcting a violation if the license | 1480 |
|
holder is making a good faith
effort to correct it. | 1481 |
| If the license holder fails to correct the violation in the | 1482 |
|
time
granted by the board, the board may initiate action to | 1483 |
|
suspend or revoke the retail food establishment
license by giving | 1484 |
|
the license holder written notice of the proposed
suspension or | 1485 |
|
revocation. The board shall include in the
notice a description | 1486 |
|
of the procedure for appealing the proposed
suspension or | 1487 |
|
revocation. The license holder may appeal the proposed
suspension | 1488 |
|
or revocation by giving written notice to the
board. The license | 1489 |
|
holder shall specify in the notice whether a
hearing is requested. | 1490 |
|
The appeal shall be conducted in
accordance with division (C)(3) | 1491 |
|
of this section. | 1492 |
| (D)(1) On determining
that a license holder is in violation | 1513 |
|
of any requirement of this
chapter or the rules adopted under it | 1514 |
|
applicable to retail food establishments
and that the violation | 1515 |
|
presents a clear and present danger to the public health, the | 1516 |
|
board
may suspend the retail food establishment license
without | 1517 |
|
giving written notice or affording the license holder the | 1518 |
|
opportunity to correct the violation.
If the license holder is | 1519 |
|
operating a mobile retail food establishment, either the licensor | 1520 |
|
that issued the license or the licensor for the health district in | 1521 |
|
which the establishment is being operated may suspend the license. | 1522 |
| A suspension under division
(D)(1) of this section takes | 1523 |
|
effect immediately and remains in effect until the board
rescinds | 1524 |
|
the suspension.
When a mobile retail food establishment license is | 1525 |
|
suspended under this division, the licensor that suspended the | 1526 |
|
license shall hold the license until the suspension is lifted and | 1527 |
|
the licensor receives from the license holder written notice of | 1528 |
|
the next location at which the license holder proposes to operate | 1529 |
|
the retail food establishment. | 1530 |
| (3) An appeal requested under division
(D)(1) of this | 1554 |
|
section shall be conducted in accordance with
procedures | 1555 |
|
established in
rules adopted by the director of agriculture under | 1556 |
|
section 3717.33 of
the Revised Code. If the license holder | 1557 |
|
requests a hearing,
the
board shall hold the hearing not later | 1558 |
|
than two business days
after the board receives the request. The | 1559 |
|
board shall hold the hearing
before issuing an order under | 1560 |
|
division (D)(2)
of this section but may conduct the hearing at the | 1561 |
|
same meeting at which
issuance
of the order is
considered.
In the | 1562 |
|
case of a suspension of a mobile retail food establishment, the | 1563 |
|
appeal shall be made to the licensor that suspended the license. | 1564 |
| (3) A business or that portion of a business that is | 1577 |
|
regulated by the
federal government or the
department of | 1578 |
agriculture as a food manufacturing or food processing
operation | 1579 |
business,
including
an operationa business or that portion of
an | 1580 |
operationa business regulated
by
the department of
agriculture | 1581 |
|
under Chapter 911., 913., 915.,
917., 918., or 925. of
the Revised | 1582 |
|
Code. | 1583 |
| (4) A residential facility that accommodates not more than | 1598 |
|
sixteen residents; is licensed, certified, registered, or | 1599 |
|
otherwise regulated by the federal government or by the state or
a | 1600 |
|
political subdivision of the state; and prepares food for or | 1601 |
|
serves food to only the residents of the facility, the staff of | 1602 |
|
the facility, and any nonpaying guests of residents or staff; | 1603 |
| (5) A church, school, fraternal or veterans'
organization, | 1604 |
|
volunteer fire organization, or volunteer
emergency medical | 1605 |
|
service organization preparing or serving food
intended for | 1606 |
|
individual portion service on its premises for not
more than seven | 1607 |
|
consecutive days or not more than
fifty-two separate days during a | 1608 |
|
licensing period. This
exemption extends to any individual or | 1609 |
|
group raising all of its funds during
the time periods specified | 1610 |
|
in division (B)(5) of this section for the
benefit of
the church, | 1611 |
|
school, or organization by preparing or serving food intended for | 1612 |
|
individual portion service under the same conditions. | 1613 |
| Sec. 3717.43. (A) Each person or government entity | 1644 |
|
requesting a food
service operation license or the renewal of a | 1645 |
|
license shall apply
to the appropriate licensor on a form provided | 1646 |
|
by the licensor.
Licensors shall use a form prescribed and | 1647 |
|
furnished to the
licensor by the director of health or a form | 1648 |
|
prescribed by the
licensor that has been approved by the director. | 1649 |
|
The applicant shall
include with the application all information | 1650 |
|
necessary for the licensor to
process the application, as | 1651 |
|
requested by the licensor. | 1652 |
ApplicationsAn application for
a food service operation | 1653 |
licenseslicense, other than
thosean application for
a mobile
and | 1654 |
or catering food service operation
licenseslicense,
shall be | 1655 |
|
submitted to the licensor for the health district in
which the | 1656 |
food service operation is located.
ApplicationsAn application for | 1657 |
a
mobile food service operation
licenseslicense shall be | 1658 |
|
submitted to the
licensor for the health district in which the | 1659 |
|
applicant's
business headquarters are located, or, if the | 1660 |
|
headquarters are
located outside this state, to the licensor for | 1661 |
|
the district
where the applicant will first operate in this state. | 1662 |
ApplicationsAn application for
a catering food service operation | 1663 |
licenseslicense shall
be submitted to the licensor for the | 1664 |
|
district where the
applicant's base of operation is located. | 1665 |
| (D) A food service operation license may be renewed, except | 1692 |
|
that a
temporary food service operation license is not renewable. | 1693 |
ApplicationsA person or government entity seeking license renewal | 1694 |
shall submit an application for renewal
of food service operation | 1695 |
licenses other than those for mobile and seasonal food service | 1696 |
operation licenses shall be submitted to the licensor not later | 1697 |
than the first day of March. Renewal applications for, except | 1698 |
that in the case of a mobile
andor
seasonal food service | 1699 |
operation
licensesthe renewal application shall be submitted | 1700 |
prior
tobefore commencing operation in a new licensing period. A | 1701 |
|
licensor
may renew a license prior to the first day of March or | 1702 |
|
the first
day of operation in a new licensing period, but not | 1703 |
|
before the
first day of February immediately preceding the | 1704 |
|
licensing period
for which the license is being renewed. | 1705 |
| If a renewal application is not filed with the licensor or | 1706 |
|
postmarked on or before the first day of March or, in the case of | 1707 |
|
a mobile or seasonal food service operation, the first day of | 1708 |
|
operation in a new licensing period, the licensor shall assess a | 1709 |
penalty
of. The amount of the penalty shall be the lesser of fifty | 1710 |
|
dollars or twenty-five per cent of the fee charged for renewing | 1711 |
|
licenses, if the licensor charges renewal fees. If an applicant | 1712 |
|
is subject to a penalty, the licensor shall not renew the license | 1713 |
|
until the applicant pays the penalty. | 1714 |
| Sec. 4303.021. Permit A-1-A may be issued to the holder of | 1748 |
|
an A-1 or A-2 permit to sell beer and any intoxicating liquor at | 1749 |
|
retail, only by the individual drink in glass or from a
container, | 1750 |
|
provided such A-1-A permit premises are situated on
the same | 1751 |
|
parcel or tract of land as the related A-1 or A-2
manufacturing | 1752 |
|
permit premises or are separated therefrom only by
public streets | 1753 |
|
or highways or by other lands owned by the holder
of the A-1 or | 1754 |
|
A-2 permit and used by the holder in
connection with or in | 1755 |
|
promotion of the holder's A-1 or A-2 permit business. The
fee for | 1756 |
|
this
permit is three thousand one hundred twenty-five dollars.
The | 1757 |
|
holder of an A-1-A permit may sell beer and any intoxicating | 1758 |
|
liquor during the same hours as the holders of D-5 permits under | 1759 |
|
this chapter or Chapter 4301. of the Revised Code or the rules of | 1760 |
the liquor control commission and shall obtain a
restaurant | 1761 |
|
license
as a retail food establishment or a food service operation | 1762 |
pursuant to
section 3717.43Chapter 3717. of the Revised
Code
and | 1763 |
|
operate as a restaurant for purposes of this chapter. | 1764 |
| Except as otherwise provided in this section, no new A-1-A | 1765 |
|
permit shall be issued to the holder of an A-1 or A-2 permit | 1766 |
|
unless the sale of beer and intoxicating liquor under class D | 1767 |
|
permits is permitted in the precinct in which
the A-1
or A-2 | 1768 |
|
permit is located and, in the case of an A-2 permit,
unless the | 1769 |
|
holder of the A-2 permit manufactures or has a storage
capacity of | 1770 |
|
at least twenty-five thousand gallons of wine per
year. The | 1771 |
|
immediately preceding sentence does not prohibit the
issuance of | 1772 |
|
an A-1-A permit to an applicant for such a permit who
is the | 1773 |
|
holder of an A-1 permit and whose application was filed
with the | 1774 |
|
division of liquor control before June 1,
1994. The
liquor | 1775 |
|
control commission shall not restrict the number of A-1-A
permits | 1776 |
|
which may be located within a precinct. | 1777 |
| Sec. 4303.13. Permit D-1
may be issued to the owner or | 1778 |
operator of a hotel or
restaurantof a retail food establishment | 1779 |
or a food service operation
licensed pursuant to
section
3717.43 | 1780 |
| Chapter 3717. of the Revised Code
that operates as a restaurant | 1781 |
|
for purposes of this chapter, or of a
club, amusement park, | 1782 |
|
drugstore, lunch stand, boat, or vessel,
and shall be issued to a | 1783 |
|
person described in division (B) of this
section, to sell beer at | 1784 |
|
retail either in glass or container, for
consumption on the | 1785 |
|
premises where sold; and, except as otherwise
provided in division | 1786 |
|
(B) of this section, to sell beer at retail
in other receptacles | 1787 |
|
or in original containers having a capacity
of not more than five | 1788 |
|
and one-sixth gallons not for consumption
on the premises where | 1789 |
|
sold. The fee for this permit is one
hundred eighty-eight dollars | 1790 |
|
for each location, boat, or vessel. | 1791 |
| Sec. 4303.14. Permit D-2 may be issued to the owner or | 1792 |
operator of a hotel or
restaurantof a retail food establishment | 1793 |
or a food service operation licensed pursuant to
section
3717.43 | 1794 |
| Chapter 3717. of
the Revised Code
that operates as a restaurant | 1795 |
|
for purposes of this chapter, or of a
club, boat, or vessel, to | 1796 |
|
sell wine and prepared and bottled cocktails,
cordials, and other | 1797 |
|
mixed beverages manufactured and distributed by holders of
A-4 and | 1798 |
|
B-4 permits at retail, either in glass or container, for | 1799 |
|
consumption
on the premises where sold. The holder of such permit | 1800 |
|
may also sell wine and
prepared and bottled cocktails, cordials, | 1801 |
|
and other mixed beverages in
original packages and not for | 1802 |
|
consumption on the premises where sold or for
resale. The fee for | 1803 |
|
this permit is two hundred eighty-two dollars for each
location, | 1804 |
|
boat, or vessel. | 1805 |
| Sec. 4303.15. Permit D-3 may be issued to the owner or | 1806 |
operator of a hotel or
restaurantof a retail food establishment | 1807 |
or a food service operation licensed pursuant to
section
3717.43 | 1808 |
| Chapter 3717. of the
Revised Code
that operates as a restaurant | 1809 |
|
for purposes of this chapter, or
of a
club, boat, or vessel, to | 1810 |
|
sell
spirituous liquor at retail, only by the
individual drink in | 1811 |
|
glass
or from the container, for consumption on the
premises where | 1812 |
|
sold.
No sales of intoxicating liquor shall be made by a
holder of | 1813 |
|
a D-3
permit after one a.m. The fee for this permit is six | 1814 |
|
hundred
dollars for each location, boat, or vessel. | 1815 |
| Sec. 4303.18. Permit D-5 may be issued to the owner or | 1816 |
|
operator of a
retail food establishment or a food service | 1817 |
|
operation licensed pursuant to Chapter 3717. of the Revised Code | 1818 |
|
that operates as a restaurant or night
club
for purposes of this | 1819 |
|
chapter, to sell beer and
any intoxicating liquor
at retail, only | 1820 |
|
by the
individual drink in
glass and from the
container, for | 1821 |
|
consumption on the
premises
where sold, and to sell
the same | 1822 |
|
products in the same manner and
amounts not for
consumption on the | 1823 |
|
premises as may be sold by
holders of D-1
and
D-2 permits. A | 1824 |
|
person who is the holder of
both a D-3 and D-3a
permit
need not | 1825 |
|
obtain a D-5 permit. The fee
for this permit is
one thousand | 1826 |
|
eight
hundred seventy-five
dollars. | 1827 |
| Sec. 4303.181. (A) Permit D-5a
may be issued either to the | 1828 |
|
owner or operator of a hotel or motel that
is
required to be | 1829 |
|
licensed under section 3731.03 of the Revised Code, that contains | 1830 |
|
at least fifty rooms for
registered transient
guests,
and that | 1831 |
|
qualifies under the other requirements of this
section,
or to the | 1832 |
|
owner or operator of a restaurant specified under this
section, to | 1833 |
|
sell beer and any intoxicating liquor at retail, only
by the | 1834 |
|
individual drink in glass and from the container, for
consumption | 1835 |
|
on the premises where sold, and to registered guests
in their | 1836 |
|
rooms, which may be sold by means of a controlled access
alcohol | 1837 |
|
and beverage cabinet in accordance with division (B) of
section | 1838 |
|
4301.21 of the Revised Code; and to sell the same
products in the | 1839 |
|
same manner and amounts not for consumption on
the premises as may | 1840 |
|
be sold by holders of D-1 and D-2 permits.
The premises of the | 1841 |
hotel or motel shall include a
restaurant that isretail food | 1842 |
|
establishment or a food service operation
licensed
pursuant to | 1843 |
section 3717.43Chapter 3717. of the Revised Code,that operates | 1844 |
|
as a restaurant for purposes of this chapter and that
is | 1845 |
|
affiliated with the hotel or motel and within or contiguous to
the | 1846 |
|
hotel or motel, and that serves food within the
hotel or motel, | 1847 |
|
but
the principal business of the owner or operator of the hotel | 1848 |
|
or
motel shall be the accommodation of transient guests. In | 1849 |
|
addition to the privileges authorized in this division,
the holder | 1850 |
|
of a
D-5a permit may exercise the same privileges as the holder of | 1851 |
|
a
D-5 permit. | 1852 |
| The owner or operator of a hotel, motel, or restaurant who | 1853 |
|
qualified for and
held a D-5a permit on
August 4, 1976, may, if | 1854 |
|
the owner or operator held another
permit before holding a D-5a | 1855 |
|
permit, either retain a D-5a permit or apply for
the permit | 1856 |
|
formerly held, and the division of liquor
control shall issue the | 1857 |
|
permit for which the owner or operator
applies and formerly held, | 1858 |
|
notwithstanding any quota. | 1859 |
| (B) Permit D-5b may be issued to
the owner, operator, | 1865 |
|
tenant, lessee, or occupant of an enclosed
shopping center to sell | 1866 |
|
beer and intoxicating liquor at retail,
only by the individual | 1867 |
|
drink in glass and from the container, for
consumption on the | 1868 |
|
premises where sold; and to sell the same
products in the same | 1869 |
|
manner and amount not for consumption on the
premises as may be | 1870 |
|
sold by holders of D-1 and D-2 permits. In
addition to the | 1871 |
|
privileges authorized in this division,
the holder
of a D-5b | 1872 |
|
permit may exercise the same privileges as a holder of
a D-5 | 1873 |
|
permit. | 1874 |
| Two D-5b permits may be issued at
an enclosed shopping center | 1879 |
|
containing at least four hundred
thousand square feet of floor | 1880 |
|
area. No more than one D-5b permit
may be issued at an enclosed | 1881 |
|
shopping center for each additional
two hundred thousand square | 1882 |
|
feet of floor area or fraction
of that floor area, up to a | 1883 |
|
maximum of five D-5b permits
for each enclosed
shopping center. | 1884 |
|
The number of D-5b permits that may be issued
at an enclosed | 1885 |
|
shopping center shall be determined by subtracting
the number of | 1886 |
|
D-3 and D-5 permits issued in the enclosed shopping
center from | 1887 |
|
the number of D-5b permits that otherwise may be
issued at the | 1888 |
|
enclosed shopping center under the formulas
provided in this | 1889 |
|
division. Except as provided in this section,
no quota shall be | 1890 |
|
placed on the number of D-5b permits that may
be issued. | 1891 |
|
Notwithstanding any quota provided in this section,
the holder of | 1892 |
|
any D-5b permit first issued in accordance with
this section is | 1893 |
|
entitled to its renewal in accordance with
section 4303.271 of the | 1894 |
|
Revised Code. | 1895 |
| The holder of a D-5b permit
issued before April 4, 1984, | 1896 |
|
whose tenancy is terminated for a
cause other than nonpayment of | 1897 |
|
rent, may return the D-5b
permit
to the division of liquor | 1898 |
|
control, and the
division shall
cancel that permit. Upon | 1899 |
|
cancellation of that permit and upon
the permit holder's payment | 1900 |
|
of taxes, contributions, premiums,
assessments, and other debts | 1901 |
|
owing or accrued upon the date of
cancellation to this state and | 1902 |
|
its political subdivisions and a
filing with the division of a | 1903 |
|
certification
of that payment, the division shall issue to that | 1904 |
|
person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as | 1905 |
|
that person
requests. The division shall issue the D-5 permit,
or | 1906 |
|
the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2, | 1907 |
|
D-3, or D-5
permits currently issued in the municipal corporation | 1908 |
|
or in the
unincorporated area of the township where that person's | 1909 |
|
proposed
premises is located equals or exceeds the maximum number | 1910 |
|
of such
permits that can be issued in that municipal corporation | 1911 |
|
or in
the unincorporated area of that township under the | 1912 |
|
population
quota restrictions contained in section 4303.29 of the | 1913 |
|
Revised
Code. Any D-1, D-2, D-3, or D-5 permit so issued shall | 1914 |
|
not
be transferred to another location. If a D-5b permit is | 1915 |
|
canceled
under the provisions of this paragraph, the number of | 1916 |
|
D-5b
permits that may be issued at the enclosed shopping center | 1917 |
|
for
which the D-5b permit was issued, under the formula provided | 1918 |
|
in
this division, shall be reduced by one if the enclosed shopping | 1919 |
|
center was entitled to more than one D-5b permit under the | 1920 |
|
formula. | 1921 |
(C) Permit D-5c may be issued
either to the owner or | 1924 |
operator of a
restaurant that isretail food establishment or a | 1925 |
food service operation licensed
pursuant
to
section
3717.43 | 1926 |
| Chapter 3717. of the Revised Code
that operates as a restaurant | 1927 |
|
for purposes of this chapter
and that
qualifies under
the other | 1928 |
|
requirements of this section to sell beer and any
intoxicating | 1929 |
|
liquor at retail, only by the individual drink in
glass and from | 1930 |
|
the container, for consumption on the premises
where sold, and to | 1931 |
|
sell the same products in the same manner and
amounts not for | 1932 |
|
consumption on the premises as may be sold by
holders of D-1 and | 1933 |
|
D-2 permits. In addition to the privileges
authorized in this | 1934 |
|
division, the holder of a D-5c permit
may exercise the
same | 1935 |
|
privileges as the holder of a D-5 permit. | 1936 |
| To qualify for a D-5c permit, the
owner or operator of a | 1937 |
restaurant that isretail food establishment or a food service | 1938 |
operation licensed pursuant to
section
3717.43Chapter 3717. of | 1939 |
|
the
Revised Code
that operates as a restaurant for purposes of | 1940 |
|
this chapter, shall have operated the
restaurant at
the proposed | 1941 |
|
premises for not less than twenty-four consecutive
months | 1942 |
|
immediately preceding the filing of the application
for the | 1943 |
|
permit, have applied for a D-5 permit no later
than
December 31, | 1944 |
|
1988, and appear on the division's quota waiting list for not
less | 1945 |
|
than six months
immediately preceding the filing of the | 1946 |
|
application for the
permit. In
addition to these requirements, | 1947 |
|
the proposed D-5c permit premises
shall be located within a | 1948 |
|
municipal corporation and further
within
an election precinct | 1949 |
|
that, at the time of the
application, has
no more than | 1950 |
|
twenty-five per cent of its total land area zoned
for residential | 1951 |
|
use. | 1952 |
(D) Permit D-5d may be issued to
either the owner or | 1963 |
operator of a
restaurant that isretail food establishment or a | 1964 |
food service operation licensed
pursuant to
section
3717.43 | 1965 |
| Chapter 3717. of the Revised Code
that operates as a restaurant | 1966 |
|
for purposes of this chapter and
that is located at an
airport | 1967 |
|
operated by
a board of county commissioners pursuant to
section | 1968 |
|
307.20 of the
Revised Code or at an airport operated by a
regional | 1969 |
|
airport
authority pursuant to Chapter 308. of the
Revised Code. | 1970 |
|
Not more
than one D-5d permit shall be issued in
each county. The | 1971 |
|
holder
of a D-5d permit may sell beer and any
intoxicating liquor | 1972 |
|
at
retail, only by the individual drink in
glass and from the | 1973 |
|
container, for consumption on the premises
where sold, and may | 1974 |
|
sell the same products in the same manner and
amounts not for | 1975 |
|
consumption on the premises where sold as may be
sold by the | 1976 |
|
holders of D-1 and D-2 permits. In addition to the
privileges | 1977 |
|
authorized in this division, the holder of a D-5d
permit may | 1978 |
|
exercise the same privileges as the holder of a D-5
permit. | 1979 |
| (E) Permit D-5e may be issued to
any nonprofit organization | 1986 |
|
that is exempt from federal income
taxation under the
"Internal | 1987 |
|
Revenue Code of 1986,"
100 Stat.
2085, 26 U.S.C.A. 501(c)(3), as | 1988 |
|
amended, or that is a charitable
organization under any chapter of | 1989 |
|
the Revised Code, and that owns
or operates a riverboat that | 1990 |
|
meets all of the following: | 1991 |
| A D-5e permit shall not be
transferred to another location. | 2001 |
|
No quota restriction shall be
placed on the number of such permits | 2002 |
|
that may be issued.
The
population quota restrictions contained | 2003 |
|
in section 4303.29 of the
Revised Code or in any rule of the | 2004 |
|
liquor control commission
shall not apply to this division, and | 2005 |
|
the division
shall issue a
D-5e permit to any applicant who meets | 2006 |
|
the requirements of this
division. However, the division shall | 2007 |
|
not issue a
D-5e permit
if the permit premises or proposed permit | 2008 |
|
premises are located
within an area in which the sale of | 2009 |
|
spirituous liquor by the
glass is prohibited. | 2010 |
| (G) Permit D-5g may be issued to
a nonprofit corporation | 2046 |
|
that is either the owner or the operator
of a national | 2047 |
|
professional sports museum. The holder of a D-5g
permit may sell | 2048 |
|
beer and any intoxicating liquor at retail, only
by the individual | 2049 |
|
drink in glass and from the container, for
consumption on the | 2050 |
|
premises where sold. The holder of a D-5g
permit shall sell no | 2051 |
|
beer or intoxicating liquor for consumption
on the premises where | 2052 |
|
sold after one a.m. A D-5g permit shall
not be transferred to | 2053 |
|
another location. No quota restrictions
shall be placed on the | 2054 |
|
number of D-5g permits that may be issued. The fee for
this | 2055 |
|
permit is one thousand five hundred dollars. | 2056 |
| (H) Permit D-5h may be issued to any nonprofit
organization | 2057 |
|
that is exempt from federal income taxation under
the
"Internal | 2058 |
|
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as | 2059 |
|
amended, that owns or operates a fine arts museum
and has no less | 2060 |
|
than five thousand bona fide members possessing
full membership | 2061 |
|
privileges. The holder of a D-5h permit may sell
beer and any | 2062 |
|
intoxicating liquor at retail, only by the
individual drink in | 2063 |
|
glass and from the container, for consumption
on the premises | 2064 |
|
where sold. The holder of a D-5h permit shall
sell no beer or | 2065 |
|
intoxicating liquor for consumption on the
premises where sold | 2066 |
|
after one a.m. A D-5h permit shall not be
transferred to another | 2067 |
|
location. No quota restrictions shall be
placed on the number of | 2068 |
|
D-5h permits that may be issued. The fee
for this permit is one | 2069 |
|
thousand five hundred dollars. | 2070 |
| The holder of a D-5i permit shall cause an independent
audit | 2087 |
|
to be performed at the end of one full year of operation
following | 2088 |
|
issuance of the permit in order to verify the
requirements of | 2089 |
|
division (I)(5) of this section. The results of
the independent | 2090 |
|
audit shall be transmitted to the
division. Upon determining that | 2091 |
|
the receipts of the holder from beer
and liquor sales exceeded | 2092 |
|
twenty-five per cent of its total gross
receipts, the division | 2093 |
|
shall suspend the permit of
the permit
holder under section | 2094 |
|
4301.25 of the Revised Code and may allow
the permit holder to | 2095 |
|
elect a forfeiture under section 4301.252 of
the Revised Code. | 2096 |
| The holder of a D-5i permit may sell beer and any | 2097 |
|
intoxicating liquor at retail, only by the individual drink in | 2098 |
|
glass and from the container, for consumption on the premises | 2099 |
|
where sold, and may sell the same products in the same manner and | 2100 |
|
amounts not for consumption on the premises where sold as may be | 2101 |
|
sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 2102 |
|
permit shall sell no beer or intoxicating liquor for consumption | 2103 |
|
on the premises where sold after two-thirty a.m. In addition to | 2104 |
|
the
privileges authorized in this division, the holder
of a D-5i | 2105 |
|
permit may exercise the same privileges as the holder
of a D-5 | 2106 |
|
permit. | 2107 |
(J)(1) Permit D-5j may be issued to
either the owner or the | 2115 |
|
operator of a
retail food establishment or a
food service | 2116 |
operation
that is licensed under
section
3717.43Chapter 3717.
of | 2117 |
|
the
Revised Code to sell beer and intoxicating
liquor
at retail, | 2118 |
|
only by the individual drink in glass and from
the container, for | 2119 |
|
consumption on the premises where sold
and to
sell beer and | 2120 |
|
intoxicating liquor in the same manner and amounts
not
for | 2121 |
|
consumption on the premises where
sold as may be sold by
the | 2122 |
|
holders of D-1 and D-2 permits.
The holder of a D-5j permit
may | 2123 |
|
exercise the same
privileges, and
shall observe the same hours
of | 2124 |
|
operation, as the holder of a D-5
permit. | 2125 |
| Sec. 4303.182. (A) Except as
otherwise provided in
divisions | 2143 |
|
(B) to (F) of this section, permit D-6 shall be issued
to
the | 2144 |
|
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5,
D-5a, | 2145 |
|
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-7 | 2146 |
|
permit to allow sale under that permit between the hours of
ten | 2147 |
|
a.m. and midnight, or between the hours of
one
p.m. and midnight, | 2148 |
|
on Sunday, as applicable, if that sale
has
been
authorized
under | 2149 |
|
section 4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised | 2150 |
|
Code and
under the restrictions of that authorization. | 2151 |
| (B) Permit D-6 shall be issued
to the holder of any permit, | 2152 |
|
including a D-4a and D-5d permit,
authorizing the sale of | 2153 |
|
intoxicating liquor issued for a premises
located at any publicly | 2154 |
|
owned airport, as defined in section
4563.01 of the Revised Code, | 2155 |
|
at which commercial airline
companies operate regularly scheduled | 2156 |
|
flights on which space is
available to the public, to allow sale | 2157 |
|
under such permit between
the hours of ten a.m. and midnight on | 2158 |
|
Sunday,
whether or not
that sale has been authorized under section | 2159 |
4301.361,
4301.364, 4301.365, or, 4301.366 of the
Revised
Code. | 2160 |
| (C) Permit D-6 shall be issued to the holder of a D-5a | 2161 |
|
permit,
and to the holder of a D-3 or D-3a permit who is the owner | 2162 |
|
or
operator of a hotel or motel that is required to be licensed | 2163 |
|
under
section 3731.03 of the Revised Code, that
contains at least | 2164 |
|
fifty
rooms for registered transient guests, and that has on its | 2165 |
premises a
restaurantretail food establishment or a food service | 2166 |
operation licensed pursuant to
section 3717.43Chapter 3717. of | 2167 |
|
the
Revised Code
that operates as a restaurant for purposes of | 2168 |
|
this chapter and is affiliated with the hotel or motel and within | 2169 |
|
or
contiguous to the hotel or motel and serving food within the | 2170 |
|
hotel
or motel, to allow sale under such permit between the hours | 2171 |
|
of
ten
a.m. and midnight on Sunday,
whether or
not that
sale has | 2172 |
been
authorized under section 4301.361,
4301.364, 4301.365, or, | 2173 |
|
4301.366 of
the Revised Code. | 2174 |
| (D) The holder of a D-6 permit
that is issued to a
sports | 2175 |
|
facility may make sales under the permit between the hours
of | 2176 |
|
eleven a.m. and midnight on any Sunday on
which a professional | 2177 |
|
baseball, basketball, football, hockey, or soccer game is
being | 2178 |
|
played at the sports facility. As used in this
division,
"sports | 2179 |
|
facility" means a stadium or arena that has a seating
capacity of | 2180 |
|
at least four
thousand and that is owned or leased by a | 2181 |
|
professional baseball, basketball,
football, hockey, or
soccer | 2182 |
|
franchise or any combination of those franchises. | 2183 |
| (E) Permit D-6 shall be issued to the holder of any
permit | 2184 |
|
that authorizes the sale of beer or intoxicating liquor and that | 2185 |
|
is
issued to a premises located in or at the Ohio historical | 2186 |
|
society
area or
the state fairgrounds, as defined in division (B) | 2187 |
|
of section 4301.40 of the Revised Code, to allow sale under that | 2188 |
|
permit between the hours of
ten a.m. and midnight on Sunday, | 2189 |
|
whether or
not that sale has been authorized under section | 2190 |
|
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code. | 2191 |
| (F)
Permit D-6 shall be issued to
the holder of any permit | 2192 |
|
that authorizes the sale of intoxicating liquor and
that is issued | 2193 |
|
to an outdoor performing arts center to allow sale under that | 2194 |
|
permit between the hours of one p.m. and midnight on
Sunday, | 2195 |
|
whether or not that sale has been authorized under section | 2196 |
|
4301.361 of
the Revised Code. A D-6 permit issued under this | 2197 |
|
division
is subject to the results of an election, held after the | 2198 |
|
D-6
permit is issued, on question (B)(4) as set forth in section | 2199 |
|
4301.351 of the Revised Code.
Following the end of the period | 2200 |
|
during which an election may be
held on question (B)(4) as set | 2201 |
|
forth in that section, sales of
intoxicating liquor may continue | 2202 |
|
at an outdoor performing arts center
under a D-6 permit issued | 2203 |
|
under this division, unless
an election on that question is held | 2204 |
|
during the permitted period and a
majority of the
voters voting in | 2205 |
|
the precinct on that question vote
"no." | 2206 |
| (G) If the restriction to licensed
premises where the sale | 2212 |
|
of food and other goods and services
exceeds fifty per cent of the | 2213 |
|
total gross receipts of the permit
holder at the premises is | 2214 |
|
applicable, the division of liquor
control may accept an affidavit | 2215 |
|
from the permit holder to show
the proportion of the permit | 2216 |
|
holder's gross receipts derived from the sale of
food and other | 2217 |
|
goods and services. If the liquor control
commission determines | 2218 |
|
that affidavit to have been false, it
shall revoke the permits of | 2219 |
|
the permit holder at the premises
concerned. | 2220 |
| (H) The fee for the D-6 permit is two
hundred fifty dollars | 2221 |
|
when it is issued to the holder of an
A-1-A, A-2, D-2, D-3, D-3a, | 2222 |
|
D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h, | 2223 |
|
D-5i, D-5j, or D-7 permit. The fee for
the D-6 permit is two | 2224 |
|
hundred dollars when it is issued to the
holder of a C-2 permit. | 2225 |
| Sec. 4303.183. Permit D-7 may be
issued to the holder of any | 2226 |
|
D-2 permit issued by the
division
of liquor control, or if there | 2227 |
|
is an insufficient number of D-2
permit holders to fill the resort | 2228 |
|
quota, to the operator of a
retail food establishment or a
food | 2229 |
service operation required to be
licensed under
section
3717.43 | 2230 |
| Chapter 3717. of the Revised Code
that operates as a restaurant | 2231 |
|
for purposes of this chapter and
which
qualifies under the other | 2232 |
|
requirements of this section, to sell
beer and any intoxicating | 2233 |
|
liquor at retail, only by the individual
drink in glass and from | 2234 |
|
the container, for consumption on the
premises where sold. Not | 2235 |
|
less than fifty per cent of the business
on the permit premises | 2236 |
|
shall be preparing and serving meals for a
consideration in order | 2237 |
|
to qualify for and continue to hold such
D-7 permit. The permit | 2238 |
|
premises shall be located in a resort
area. | 2239 |
| "Resort area" means a municipal
corporation, township, | 2240 |
|
county, or any combination thereof, which
provides entertainment, | 2241 |
|
recreation, and transient housing
facilities specifically intended | 2242 |
|
to provide leisure time
activities for persons other than those | 2243 |
|
whose permanent residence
is within the
"resort area" and who | 2244 |
|
increase the population of
the
"resort area" on a seasonal basis, | 2245 |
|
and which experiences
seasonal peaks of employment and | 2246 |
|
governmental services as a
direct result of population increase | 2247 |
|
generated by the transient,
recreating public. A resort season | 2248 |
|
shall begin on the first day
of May and end on the last day of | 2249 |
|
October. Notwithstanding
section 4303.27 of the Revised Code, | 2250 |
|
such permits may be issued
for resort seasons without regard to | 2251 |
|
the calendar year or permit
year. Quota restrictions on the | 2252 |
|
number of such permits shall
take into consideration the transient | 2253 |
|
population during the
resort season, the custom and habits of | 2254 |
|
visitors and tourists,
and the promotion of the resort and tourist | 2255 |
|
industry. The fee
for this permit is three hundred seventy-five | 2256 |
|
dollars per month. | 2257 |
| The ownership of a D-7 permit may
be transferred from one | 2264 |
|
permit holder to another. The holder of
a D-7 permit may file an | 2265 |
|
application to transfer such permit to a
new location within the | 2266 |
|
same resort area, provided that such
permit holder shall be the | 2267 |
|
owner or operator of a
retail food establishment or a food service | 2268 |
operation, required to be
licensed under
section
3717.43Chapter | 2269 |
|
3717. of the
Revised Code, that operates as a restaurant for | 2270 |
|
purposes of this chapter, at such new
location. | 2271 |
| Section 2. That existing sections 3709.02, 3709.03, 3709.05, | 2272 |
|
3709.07,
3715.01, 3715.021, 3715.59, 3715.60, 3717.01, 3717.03, | 2273 |
|
3717.05, 3717.07, 3717.11,
3717.22, 3717.23, 3717.25,
3717.27, | 2274 |
|
3717.29,
3717.42, 3717.43, 4303.021, 4303.13,
4303.14,
4303.15, | 2275 |
|
4303.18,
4303.181, 4303.182, and 4303.183 of the
Revised
Code
are | 2276 |
|
hereby
repealed. | 2277 |
| Section 3. The amendments made by this act to sections | 2278 |
|
3709.03, 3709.05, and 3709.07 of the Revised Code with respect to | 2279 |
|
the membership of boards of health do not affect the terms of the | 2280 |
|
board members holding office on the effective date of this act. | 2281 |
|
The first vacancy on a board of health that occurs after that date | 2282 |
|
shall be filled by a member selected by the health district | 2283 |
|
licensing council pursuant to section 3709.41 of the Revised Code, | 2284 |
|
as enacted by this act. Until that vacancy is filled, the health | 2285 |
|
district licensing council shall ensure that at least one of its | 2286 |
|
members attends all meetings of the board. | 2287 |
| Section 4. Section 3709.02 of the Revised Code is presented | 2288 |
|
in this act
as a composite of the section as amended by both
Am. | 2289 |
|
Sub. H.B. 117 and Am. Sub. H.B. 355 of the 121st General Assembly. | 2290 |
|
The General Assembly, applying the
principle stated in division | 2291 |
|
(B) of section 1.52 of the Revised
Code that amendments are to be | 2292 |
|
harmonized if reasonably capable of
simultaneous operation, finds | 2293 |
|
that the composite is the resulting
version of the section in | 2294 |
|
effect prior to the effective date of
the section as presented in | 2295 |
|
this act. | 2296 |
| Section 5. Section 3709.05 of the Revised Code is presented | 2297 |
|
in
this act as a composite of the section as amended by both Am. | 2298 |
|
Sub. H.B. 117 and Am. Sub. H.B. 355 of
the 121st General Assembly. | 2299 |
|
The General Assembly, applying the
principle stated in division | 2300 |
|
(B) of section 1.52 of the Revised
Code that amendments are to be | 2301 |
|
harmonized if reasonably capable of
simultaneous operation, finds | 2302 |
|
that the composite is the resulting
version of the section in | 2303 |
|
effect prior to the effective date of
the section as presented in | 2304 |
|
this act. | 2305 |