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S. B. No. 136As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Wachtmann, Ryan
A BILL
To amend sections 3709.03, 3709.05, 3709.07, 3715.01,
3715.021, 3717.01, 3717.05, 3717.11,
3717.22,
3717.25, 3717.42, 3717.45, 4303.021, 4303.13,
4303.14,
4303.15, 4303.18, 4303.181, 4303.182, and
4303.183,
to enact new section 3717.07 and
sections 3717.041 and 3717.10, and to repeal
section 3717.07 of the Revised
Code
to
exempt
certain retail food establishments
from
the
licensing requirement of the Retail Food
Establishments Law, to modify requirements
relative
to wholesale food establishments, to
establish new
requirements for cottage food
production operations
and specified other food
producers, and
to declare
an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3709.03, 3709.05, 3709.07, 3715.01,
3715.021, 3717.01, 3717.05, 3717.11, 3717.22, 3717.25,
3717.42,
3717.45, 4303.021, 4303.13, 4303.14, 4303.15, 4303.18, 4303.181,
4303.182, and 4303.183 be amended and new section 3717.07 and
sections 3717.041 and 3717.10 of the
Revised
Code be
enacted to
read as follows:
Sec. 3709.03. (A) There is hereby created in each general
health district a district advisory council. A council shall
consist of
the president of the board of county
commissioners, the
chief executive of each municipal corporation
not constituting a
city health district, and the
president of the
board of township
trustees of each township. The board of
county commissioners, the
legislative body of a municipal
corporation, and the board of
township trustees of a township may
select an alternate from among
themselves to serve if the
president, the chief executive, or the
president of the board of
township trustees is unable to attend
any meeting of the district
advisory council. When attending a
meeting on behalf of
a council member, the alternate may vote on
any matter on which the member is
authorized to vote. The council shall organize by selecting a chair and secretary
from among
its members. The council shall adopt bylaws governing
its meetings, the
transaction of business, and voting procedures. The council shall meet annually in
march
March at a
place
determined by the chair
and the health commissioner for the
purpose of electing the
chair and the secretary, appointing a
member of the
board of health, receiving and considering the
annual or special
reports from the board of health, and making
recommendations to
the board of health or to the department of
health in regard to matters for
the betterment of health and
sanitation within the district or for needed
legislation. The
secretary of the council shall notify the district health
commissioner and the director of health of the proceedings of
such
meeting.
Special meetings of the council shall be held on the
order of
any of the following: (1) The director of health; (3) The lesser of five or a majority of district advisory
council
members.
The district health commissioner shall attend all meetings of
the
council. (B) At its annual meetings, the district advisory council
shall appoint one member of the board of health. At
least one
member of
the board of health shall be a physician
and at least
one member shall be an individual who holds a current license to
operate a food service operation under Chapter 3717. of the
Revised Code and who is recommended for appointment by the
restaurant association serving the region in which the general
health district is located. Appointments shall be
made with due
regard to equal representation of all parts of the
district. (C) If at an annual or special meeting at which a member of
the
board of health is to be appointed fewer than a majority of
the
members of the district council are present, the council, by
the
majority vote of council members present, may organize an
executive committee to make the appointment. An executive
committee shall consist of five council members, including the
president of
the board of county commissioners, the council chair,
the council secretary,
and two additional council members selected
by majority affirmative vote of
the council members present at the
meeting. The additional members selected
shall include one
representative of municipal corporations in the district
that are
not city health districts and one representative of townships in
the
district. If an individual is eligible for more than one
position on the
executive committee due to holding a particular
office, the individual shall
fill one position on the committee
and the other position shall be filled by a
member selected by a
majority affirmative vote of the council members present
at the
meeting. A council member's alternate for annual meetings may
serve as
the member's alternate at meetings of the executive
committee. Not later than thirty days after an executive committee is
organized, the
committee shall meet and the council chair shall
present to the committee the
matter of appointing a member of the
board
of health. The committee shall appoint the board member by
majority
affirmative vote. In the case of a combined health
district, the executive
committee shall appoint only members of
the board of health that are to be
appointed by the district
advisory council, unless the contract for
administration of health
affairs in the combined district provides otherwise.
If a
majority affirmative vote is not reached within thirty
days after
the executive committee is organized, the director of health shall
appoint the member of the board of health under the authority
conferred by
section 3709.03 of the Revised Code. If the council fails to meet or appoint a member of the board
of health as
required by this section or section 3709.02 of the
Revised Code, the director
of health, with the consent of the
public health council, may appoint the
member.
Sec. 3709.05. (A) Unless an administration of public health
different from that specifically provided in this section is
established and maintained under authority of its charter, or
unless a
combined city health district is formed under
section
3709.051 of the Revised Code, the legislative authority
of each
city constituting a city health district shall establish
a board
of health, composed of five members appointed by the
mayor and
confirmed by the legislative authority.
At least one member of the
board shall be an individual who holds a current license to
operate a food service operation under Chapter 3717. of the
Revised Code and who is recommended for appointment by the
restaurant association serving the region in which the city health
district is located. (B) Each member of the board shall be paid a sum not to
exceed eighty dollars
a day for the member's attendance at
each
meeting of the board. No member shall receive compensation for
attendance at more than eighteen meetings in any year. (C) Each member of the board shall receive travel
expenses
at rates established by the director of budget and
management
pursuant to section 126.31 of the Revised Code to cover the actual
and necessary travel expenses incurred for travel to and
from
meetings that take place outside the county in which the member
resides,
except that any member may receive travel
expenses for
registration for any conference that takes place
inside the county
in which the member resides.
(D) A majority of the members constitutes a quorum, and the
mayor shall be
president of the board. (E) The term of office of the members shall be five years
from
the date of appointment, except that of those first
appointed, one
shall serve for five years, one for four years, one
for three
years, one for two years, and one for one year, and
thereafter
one shall be appointed each year. A vacancy in the membership of the board shall be filled in
like manner as an
original appointment and shall be for the
unexpired term.
Sec. 3709.07. Except as provided in section 3709.071 of
the
Revised Code, when it is proposed that one or more city
health
districts unite with a general health district in the
formation of
a single district, the district advisory council of
the general
health district shall meet and vote on the question
of union. It
shall require a majority affirmative vote of the
members of the
district advisory council to carry the question.
The legislative
authority of each city shall likewise vote on the
question. A
majority voting affirmatively shall be required for
approval.
When
the majority of the district advisory council and
the
legislative
authority have voted affirmatively, the
chair of the
council and
the chief executive of each city shall enter
into a
contract for
the administration of health affairs in the
combined
district.
Such contract shall state the proportion of
the
expenses of the
board of health or health department of the
combined district to
be paid by the city or cities and by the
original general health
district. The contract may provide that
the administration of the
combined district shall be taken over
by
either the board of
health or health department of one of the
cities, by the board of
health of the general health district, or
by a combined board of
health. Such contract shall prescribe the
date on which such
change of administration shall be made. A
copy
of such contract
shall be filed with the director of health. The combined district shall constitute a general health
district, and the board of health or health department of the
city, the board of health of the original general health
district,
or the combined board of health, as may be agreed in
the contract,
shall have, within the combined district, all the
powers granted
to, and perform all the duties required of, the
board of health of
a general health district. The district advisory
council of the combined general health
district shall consist of
the members of the district advisory
council of the original
general health district and the chief
executive of each city
constituting a city health district, each
member having one vote. If the contract provides that the administration of the
combined district shall be taken over by a combined board of
health, rather than the board of health of the original health
district, the contract shall set forth the number of members of
such board, their terms of office, and the manner of appointment
or election of officers. One of the members of such combined
board of health shall be a physician, and one member shall be an
individual who holds a current license to operate a food service
operation under Chapter 3717. of the Revised Code and who is
recommended for appointment by a restaurant association serving
the region in which the combined district is located. The
contract may also
provide for the representation of areas by one
or more members
and shall, in such event, specify the territory to
be included in
each such area. The appointment of any member of the combined board who is
designated by the provisions of the contract to represent a city
shall be made by the chief executive and approved by the
legislative authority of such city. If a member is designated by
the contract to represent more than one city, the member shall be
appointed by majority vote of the chief executives of all cities
included in any such area. The appointment of all members of the
combined board who are designated to represent the balance of the
district shall be made by the district advisory council. The service status of any person employed by a city or
general health district shall not be affected by the creation of
a
combined district.
Sec. 3715.01. (A) As used in this chapter: (1)
"Public health council" means the public health
council
established by section 3701.33 of the
Revised Code. (2)
"Person" means an individual, partnership,
corporation,
or association. (a) Articles used for food or drink for humans or
animals; (c) Articles used for components of any such articles. (a) Articles recognized in the United States
pharmacopoeia
and national formulary, or any supplement to
them; (b) Articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or
animals; (c) Articles, other than food, intended to affect the
structure or any function of the body of humans or other
animals; (d) Articles intended for use as a component of any of the
foregoing
articles, other than devices or
their components, parts,
or accessories. (5)
"Device," except when used in division (B)(1) of this
section and in division (A)(10) of section 3715.52,
division (F)
of
section 3715.60, division (A)(5) of section 3715.64, and
division
(C) of section 3715.67 of the Revised Code, means any
instrument,
apparatus, implement, machine, contrivance, implant,
in vitro
reagent, or other similar or related article, including
any
component, part, or accessory, that is any of the following: (a) Recognized in the United
States pharmacopoeia and
national formulary, or any supplement to
them; (b) Intended for use in the diagnosis of disease or other
conditions, or in the cure, mitigation, treatment, or prevention
of disease in humans or animals; (c) Intended to affect the structure or any function of
the
body of humans or animals, and that does
not
achieve any
of its
principal intended purposes through chemical action within
or on
the body of humans or animals and is not
dependent upon
being
metabolized for the achievement of any of its principal
intended
purposes. (a) Articles intended to be rubbed, poured, sprinkled, or
sprayed on, introduced into, or otherwise applied to the human
body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance; (b) Articles intended for use as a component of any such
article, except that
"cosmetic" does not
include soap. (7)
"Label" means a display of written, printed, or
graphic
matter upon the immediate container, exclusive of package
liners,
of any article. Any word, statement, or other information required by
this
chapter to
appear on the
label must appear on the outside
container or wrapper, if any, of
the retail package of the
article, or
the label must be easily
legible through the outside
container or wrapper. (8)
"Labeling" means all labels and other written,
printed,
or graphic matter: (a) Upon an article or any of its containers or wrappers; (b) Accompanying such article. (9)
"Advertisement" means all representations
disseminated
in
any manner or by any means, other than by
labeling, for the
purpose of inducing, or that are likely
to
induce, directly or
indirectly, the purchase of food, drugs,
devices, or cosmetics. (a) Any drug the composition of which is such that the
drug
is not generally recognized among experts qualified by
scientific
training and experience to evaluate the safety of
drugs, as safe
for use under the conditions prescribed,
recommended, or suggested
in the labeling thereof; (b) Any drug the composition of which is such that the
drug,
as a result of investigation to determine its safety for
use under
such conditions, has become so recognized, but
that
has not, other
than in
an investigation, been used to a
material extent or for a
material time under such conditions. (11)
"Contaminated with filth" applies to any food, drug,
device, or cosmetic that has not been protected as far as may be
necessary by
all reasonable means from dust, dirt, and all foreign
or
injurious substances. (12)
"Honey" means the nectar and saccharine exudation of
plants that has been gathered, modified, and stored in a
honeycomb
by honeybees. (13)
"Finished dosage form" means the form of a drug that
is,
or is intended to be, dispensed or administered to humans or
animals and requires no further manufacturing or processing other
than packaging, reconstituting, or labeling. (14)(a)
"Manufacture" means the planting, cultivating,
harvesting, processing, making, preparing, or otherwise engaging
in any part of the production of a drug by propagating,
compounding, converting, or processing, either directly or
indirectly by extracting from substances of natural origin, or
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes the
following: (i) Any packaging
or repackaging of the drug or labeling or
relabeling of its
container, the promotion and marketing of the
drug, and
other activities incident to
production; (ii) The preparation and promotion of commercially available
products from bulk compounds for resale by pharmacies, licensed
health
professionals authorized to prescribe drugs, or other
persons. (b)
"Manufacture" does not include the preparation,
compounding,
packaging, or labeling of a drug by a pharmacist as
an
incident to either of the following: (i) Dispensing a drug in the usual course of
professional
practice; (ii) Providing a licensed health professional authorized to
prescribe drugs with a drug for the purpose of administering to
patients or
for using the drug in treating patients in the
professional's office. (15)
"Dangerous drug" has the same meaning
as in section
4729.01 of the Revised Code. (16)
"Generically equivalent drug" means a drug that
contains
identical amounts of the identical active ingredients,
but not
necessarily containing the
same inactive ingredients, that
meets
the identical compendial or
other applicable standard of
identity,
strength, quality, and
purity, including potency, and
where
applicable, content
uniformity, disintegration times, or
dissolution rates, as the
prescribed brand name drug and the
manufacturer or distributor
holds, if applicable, either an
approved new drug application or
an approved abbreviated new drug
application unless other
approval by law or from the federal food
and drug administration
is required. No drug shall be considered a generically equivalent drug
for
the purposes of this chapter if it has been listed by the federal
food and
drug
administration as having proven bioequivalence
problems. (17)
"Licensed health professional authorized to prescribe
drugs"
and
"prescriber" have the same meanings as in section
4729.01 of the Revised Code. (18) "Home" means the primary residence occupied by the
residence's owner, on the condition that the residence contains
only one stove or oven used for cooking, which may be a double
oven, designed for
common residence usage and not for commercial
usage, and that the
stove or oven be operated in an ordinary
kitchen within the
residence.
(19) "Potentially hazardous food" means a food that is
natural or synthetic, with a pH level greater than 4.6 or a water
activity value greater than 0.85, or that requires temperature
control because it is in a form capable of supporting the rapid
and progressive growth of infectious or toxigenic microorganisms,
the growth and toxin production of clostridium botulinium, or in
raw shell eggs, the growth of salmonella enteritidis.
(B) For the purposes of sections 3715.52 to 3715.72 of the
Revised Code: (1) If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be
false because it is misleading, then in determining whether the
labeling or advertisement is misleading, there shall be taken
into
account, among other things, not only representations made
or
suggested by statement, word, design, device, sound, or in any
combination thereof, but also the extent to which the labeling or
advertisement fails to reveal facts material in the light of such
representations or material with respect to consequence which may
result from the use of the article to which the labeling or
advertisement relates under the conditions of use prescribed in
the labeling or advertisement thereof or under such conditions of
use as are customary or usual. (2) The provisions regarding the selling of food, drugs,
devices, or cosmetics include the manufacture, production,
processing, packing, exposure, offer, possession, and holding of
any such article for sale; and the sale, dispensing, and giving
of
any such article, and the supplying or applying of any such
articles in the conduct of any food, drug, or cosmetic
establishment. The provisions do not prohibit
a licensed health
professional authorized to
prescribe drugs from administering or
personally furnishing a drug or device
to a patient. (3) The representation of a drug, in its labeling or
advertisement, as an antiseptic is a representation that it is a
germicide, except in the case of a drug purporting to be, or
represented as, an antiseptic for inhibitory use as a wet
dressing, ointment, dusting powder, or other use
that involves
prolonged contact with the body. (4) Whenever jurisdiction is vested in the director of
agriculture or
the
state board of pharmacy, the jurisdiction of
the board
shall be limited to the sale, offering for sale, giving
away,
delivery, or dispensing in any manner of drugs at the
wholesale
and retail levels or to the consumer and shall be
exclusive in
the case of such sale, offering for sale, giving
away, delivery,
or dispensing in any manner of drugs at the
wholesale and retail
levels or to the consumer in any place where
prescriptions are
dispensed or compounded. (5) To assist in effectuating the provisions of
those
sections, the director of
agriculture or state board of
pharmacy
may request assistance or data from any government or
private
agency or individual.
Sec. 3715.021. (A) As used in this section,: (1)
"wholesale food
Food processing
establishment" means a
premises or part of a premises where food
is processed, packaged,
manufactured, or otherwise held or handled
for
distribution or
sale
or distribution at wholesale
to persons other than the
ultimate consumers.
"Wholesale food
Food processing establishment"
includes the
activities of a bakery, confectionery, cannery,
bottler,
warehouse, or distributor, and the activities of an
entity that
receives or salvages distressed food for sale or use
as food.
A "food processing establishment" does not include a
cottage food production operation; a processor of maple syrup who
boils sap when a minimum of seventy-five per cent of the sap used
to produce the syrup is collected directly from trees by that
processor; a processor of sorghum who processes sorghum juice when
a minimum of seventy-five per cent of the sorghum juice used to
produce the sorghum is extracted directly from sorghum plants by
that processor; or a beekeeper who jars honey when a minimum of
seventy-five per cent of the honey is from that beekeeper's own
hives.
(2) "Cottage food production operation" means a person who,
in the person's home, produces food items including, but not
limited to, bakery products that are not potentially hazardous
foods, jams, jellies, candy, apple butter, and similar products as
defined by rules adopted pursuant to division (G)(3) of this
section.
(B) The director of agriculture shall adopt rules in
accordance
with Chapter 119. of the Revised Code
and Title 21 of
the Code of Federal Regulations that establish,
when
otherwise not
established by the Revised Code,
standards
good manufacturing
practices for
wholesale food
processing establishments, including
the facilities of
wholesale food
processing
establishments and
their sanitation. A business or that portion of a business that is regulated by
the
department of agriculture under Chapter 917. or 918. of the
Revised Code is not subject to
regulation under this section as a
wholesale food
processing establishment. (C) All food products, including those produced and packaged
by a cottage food production operation, and all packaged maple
syrup, sorghum, and honey, are subject to food sampling conducted
by the director of agriculture, or a representative the director
authorizes, to determine if a food product is misbranded or
adulterated.
(D)(1) Except as provided in division (D)(3) of this
section, a cottage food production operation and a maple
syrup or
sorghum processor and beekeeper described in division
(A)(1) of
this section shall label each of their food products and
include
the following information on the label of each of their
food
products:
(a) The name and address of the business of the cottage
food production operation, processor, or beekeeper;
(b) The name of the food product;
(c) The ingredients of the food product, in descending
order of predominance by weight;
(d) The net weight and volume of the food product, both in
United States and metric measurements.
(2) A cottage food production operation, in addition to
complying with the labeling requirements of division (D)(1) of
this section, also shall include on the label each of the
operation's food products the following statement in ten-point
type: "This product is home produced." (3) The requirements of division (D)(1) and (2) of this
section do not apply to apple butter that is produced by a cottage
food production operation.
(E) Food products identified and labeled in accordance with
division (D) of this section are acceptable food products that may
be offered for sale at retail food establishments or food service
operations licensed under Chapter 3717. of the Revised Code.
(F) A maple syrup or sorghum processor and beekeeper
described in division (A)(1) of this section may request that the
director conduct a voluntary inspection of the processor's or
beekeeper's facilities. After the inspection is completed, if the
inspector determines that the facilities comply with the rules
adopted by the director pursuant to division (G) of this section,
the processor or beekeeper may place upon the label of each food
product a seal of conformity and inspection of the department of
agriculture.
(G) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code to do all of the following:
(1) Establish standards that maple syrup or sorghum
processors and beekeepers described in division (A)(1) of this
section must satisfy in order to be permitted to place upon the
label of their food products a seal of conformity and inspection
of the director, as described in division (F) of this section;
(2) Adopt a seal of conformity and inspection for purposes
described in division (F) of this section;
(3) Define the types of foods that a cottage food
production operation may produce in addition to the specific foods
listed in division (A)(2) of this section, limiting those foods to
only foods that are not potentially hazardous foods.
(H) A cottage food production operation shall not process
acidified foods, low acid canned foods, or potentially hazardous
foods.
Sec. 3717.01. As used in this chapter: (A) "Ohio uniform food safety code" means the food safety
and
related
standards adopted under section 3717.05 of the Revised
Code. (B) "Food" means any raw, cooked, or processed edible
substance
used or intended for use in whole or in part for human
consumption. "Food"
includes
ice, water or any other beverage,
food ingredients, and chewing gum. (C) "Retail food establishment" means a premises or part of
a
premises where food,
over-the-counter drugs, nutrients designed
for use in
lieu of pharmaceuticals, and products designed for use
as dietary supplements
are
is stored, processed, prepared,
manufactured, or otherwise
held or handled for retail sale.
Except
when
expressly provided otherwise, "retail food
establishment"
includes a seasonal
retail food establishment, mobile retail food
establishment, and
temporary retail
food establishment. As used in this division: (1) "Retail" means the
sale of food to a person who is the
ultimate consumer. (2) "Prepared" means any action that affects a food,
including receiving
and maintaining it at the temperature at which
it was received. (D) "Seasonal retail food establishment" means a retail food
establishment that is operated for not more than six months in a
licensing
period. (E) "Temporary retail food establishment" means a retail
food
establishment that is operated at an event
for not more than
five consecutive days, except when operated for
more than five
consecutive days pursuant to division (E)(2) of
section 3717.23 of
the Revised Code. (F) "Food service operation" means a place, location,
site,
or separate area where food intended to be served in
individual
portions is prepared or served for a charge or
required donation.
As used in this division,
"served" means a response made to an
order for one or more individual portions
of food in a form that
is edible without washing, cooking, or additional
preparation and
"prepared" means any action that affects a food other than
receiving or maintaining it at the temperature at which it was
received. Except when expressly provided otherwise, "food service
operation" includes a catering food service operation, food
delivery sales
operation, mobile food service operation, seasonal
food service operation,
temporary food service operation, and
vending machine location. (G) "Catering food service operation" means a food service
operation where food is prepared for serving at a function or
event held at an off-premises site, for a charge determined on a
per-function or per-event basis. (H) "Food delivery sales operation" means a food service
operation from which individual portions of food are ordered by a
customer, prepared at another food service operation, and
delivered to the customer by a person other than an employee of
the food service operation that prepared the food. (I) "Mobile food service operation" means a food service
operation that is operated from a movable vehicle, portable
structure, or watercraft and that routinely changes
location,
except that if the operation remains at any one
location for more
than forty consecutive days, the operation is no
longer a mobile
food service operation, but is either a different type food
service operation or a retail food establishment according to the
activities
being engaged in and the type of food being offered for
sale. "Mobile food
service operation" includes
an
a food service
operation that
does not remain at any one
location for more than
forty
consecutive days and serves, in a manner consistent with
division (F) of this section, only frozen desserts;
beverages,
nuts,
popcorn, candy, or similar confections; bakery products
identified
in section 911.01 of the Revised Code; or any
combination of those
items. (J) "Seasonal food service operation" means a food service
operation, other than a mobile food service operation, that is
operated for not more than six months in
a licensing
period. (K) "Temporary food service operation" means a food
service
operation that is operated at an event for not
more
than five
consecutive days, except when operated for more than
five
consecutive days pursuant to division (E)(2) of section
3717.43 of
the
Revised Code. (L) "Vending machine location" means an area or room where
one or more vending machines are installed and operated, except
that if the machines within an area are separated by more than
one
hundred fifty feet, each area separated by that distance
constitutes a separate vending machine location. As used in this
division,
"vending machine" means a self-service device that
automatically dispenses on
the insertion of currency, tokens, or
similar means a predetermined unit
serving of food, either in bulk
or in package, without having to be
replenished after each use. (M) "Board of health" means a board of health of a city or
general health district or the authority having the duties of a
board of
health under section 3709.05 of the Revised Code. (N) "Government entity" means this state, a political
subdivision
of this state, another state, or a political
subdivision or other local
government body of another state. (O) "Licensor" means one of the following: (1) A board of health approved under section 3717.11 of the
Revised Code; (2) The director of agriculture acting pursuant to section
3717.11 of the Revised Code
with respect to the licensing of
retail food establishments; (3) The director of health acting pursuant to section
3717.11 of the Revised Code with
respect to the licensing of food
service operations. (P) "Licensing period" means the first day of
March
June to
the
last day of
February
May of the next succeeding year. (Q) "Mobile retail food establishment" means a retail food
establishment that is operated from a movable vehicle or other
portable structure, and that routinely changes location, except
that if the establishment operates from any one location for more
than
forty consecutive days, the establishment is no longer a
mobile retail
food establishment.
(R) "Farm market" means a location, registered with the
director of agriculture pursuant to rules adopted under section
3717.041 of the Revised Code, where a producer offers fruits,
vegetables, and other items for sale.
(S) "Farmers market" means a location, registered with the
director of agriculture pursuant to rules adopted under section
3717.041 of the Revised Code, where producers congregate to offer
fruits, vegetables, and other items for sale.
(T) "Farm product auction" means a location, registered with
the director of agriculture pursuant to rules adopted under
section 3717.041 of the Revised Code, where agricultural products,
including food products, are offered for sale at auction.
(U) "Roadside stand" means a place where only unprocessed
fresh fruits and vegetables are offered for sale.
(V) "Unprocessed," when used with respect to fruits and
vegetables, means that the fruits and vegetables are not processed
beyond merely rough trimming and rinsing.
(W) A "cottage food production operation" has the same
meaning as in division (A)(2) of section 3715.021 of the Revised
Code.
Sec. 3717.041. The director of agriculture shall adopt rules
in accordance with Chapter 119. of the Revised Code to establish
procedures to register farm markets, farmers markets, and farm
product auctions.
Sec. 3717.05. (A) The
director of agriculture and the
public health council shall adopt
rules establishing standards for
safe food handling and sanitation
in retail food establishments
and food service operations. The
rules shall be compiled as the
Ohio uniform food safety code, which
shall
be used by the
licensors of retail food establishments and food
services
service
operations in ensuring the safe handling of food in this state.
The Ohio uniform food safety code shall be as specific as is
necessary to enable the holder of a license to operate a retail
food establishment or a food service operation to determine
whether the holder is in compliance with the code and what is
required of the holder to maintain compliance with the code.
All
scientific provisions of the Ohio uniform
food safety code that
are relevant to both retail food establishments and food
service
operations shall be adopted by the director of agriculture and
the
public health council with each other's concurrence. The Ohio uniform food safety code shall include
the
following: (1) Criteria for sanitation in retail food establishments
and food service
operations; (2) Criteria for equipment in retail food establishments and
food service
operations; (3) Criteria for reviewing the facility layout and equipment
specifications of retail food
establishments and food service
operations; (4) A definition of "potentially hazardous" as it
pertains
to food in retail food establishments and to food in food
service
operations; (5) Criteria to be used in evaluating the primary
business
of a person or government entity for purposes of
determining
whether the person or entity should be licensed as a
retail food
establishment or food service operation. (B)(1) Except as provided in division (B)(2) of
this
section, if
a model food code is established by the United States
food
and
drug administration, the Ohio uniform food safety code
shall be based
on
the most current version of the food and drug
administration's model food
code. If the food and drug
administration adopts, modifies, or rescinds
a provision in the
model food code, not later than
nine
twelve months
after the
administration's action, the director of agriculture and
public
health council shall adopt, amend, or rescind provisions in
the
Ohio uniform food safety code to ensure that it continues to
conform
with the model food code. (2) The Ohio uniform food safety code may contain or omit
provisions
that
do not correspond to the food and drug
administration's model food code if the
director of
agriculture or
the public health council, with each other's concurrence,
determines
either
any of the
following: (a) That rules can be adopted under this chapter that
provide
protection at least as effective as that which would be
provided by basing the
rules on the model
food code; (b) That local conditions warrant the adoption of standards
that
are different from the model food code; (c) That rules more specific than the model food code are
necessary to enable the holder of a license to operate a retail
food establishment or a food service operation to determine
whether the holder is in compliance with the rules and what is
required of the holder to maintain compliance with the rules.
Sec. 3717.07. (A) A licensor shall use data from the
licensing period immediately preceding the time when the licensor
is calculating costs pursuant to this section to calculate the
actual cost of conducting inspections of food service operations
and retail food establishments licensed under this chapter by the
licensor. The licensor shall calculate the actual cost of
conducting inspections that are attributable to each of the
following components:
(1) Food service operations and retail food establishments
classified as risk level I, risk level II, risk level III, risk
level IV, and risk level V;
(2) Mobile food service operations and mobile retail food
establishments;
(3) Temporary food service operations and temporary retail
food establishments;
(4) Vending machine locations.
(B) The licensor shall calculate the cost attributable to
each component listed in division (A) of this section for
conducting inspections of food service operations and retail food
establishments licensed under this chapter by the licensor. The
licensor shall use a form prescribed by the director of
agriculture and the director of health that includes the following
data:
(1) A list of all inspecting sanitarians who worked in the
component;
(2) The total hours worked in the component by each
inspecting sanitarian;
(3) The total hours that each inspecting sanitarian worked
in the licensing period immediately preceding the time when the
licensor is calculating costs pursuant to this section;
(4) The total annual wages or salary paid to each inspecting
sanitarian;
(5) The total amount for fringe benefits paid on behalf of
each inspecting sanitarian;
(6) The total travel costs for each inspecting sanitarian;
(7) The support costs for the component as determined by one
of the following methods:
(a) Use of actual support cost items, such as salary and
fringe benefits of the health commissioner, the director of
environmental health, supervisory staff, and clerical staff, and
cost of utilities, rent, supplies, equipment, liability insurance,
and training;
(b) Use of a cost rate of thirty per cent of the wages or
salaries and fringe benefits of inspecting sanitarians
attributable to the component;
(c) Application of a negotiated cost rate and calculation
method approved by an agency of the federal government for the
licensor to the component.
(8) The sampling and laboratory costs for the component
other than the costs for the collection and bacteriological
examination of food or water samples, or similar services
specified in rules adopted under section 3717.05 of the Revised
Code;
(9) Funding for the component that includes revenues
obtained from license fees and penalty fees;
(10) Any known increases in costs or expenses for such items
as rent, utilities, equipment, and current personnel, as well as
the costs for additional personnel identified by the licensor
after the performance of a personnel needs analysis by the
director of health.
(C) The licensor shall calculate the license fee for each
food service operation category listed in rules adopted to
establish license fee categories pursuant to section 3717.04 of
the Revised Code, as follows:
(1) The vending machine location category cost divided by
the number of vending machine location licenses issued;
(2) The mobile food service operation category cost divided
by the number of mobile food service operation licenses issued;
(3) For a temporary food service operation, either of the
following:
(a) Using fees established on a per event basis, the
temporary food service operation and temporary retail food
establishment category cost divided by the number of temporary
food service operation and temporary retail food establishment
licenses issued. If a licensor elects to establish a noncommercial
fee for temporary food service operations and temporary retail
food establishments, the category cost shall be divided by the
number of licenses issued for commercial temporary food service
operations and commercial temporary retail food establishments,
plus fifty per cent of the number of licenses issued for
noncommercial temporary food service operations and noncommercial
temporary retail food establishments.
(b) Using fees established on a per day basis, the temporary
food service operation and temporary retail food establishment
category cost divided by the total number of days for which
temporary licenses were issued. If a licensor elects to establish
a noncommercial fee for temporary food service operations and
temporary retail food establishments, the category cost shall be
divided by the number of days for which commercial licenses were
issued plus fifty per cent of the number of days for which
temporary licenses were issued for noncommercial temporary food
service operations and noncommercial temporary retail food
establishments.
(4) For food service operations classified as risk level I,
risk level II, risk level III, risk level IV, and risk level V
food service operations:
(a) Determine support costs in accordance with division
(B)(7) of this section. Equally allocate support costs
attributable to the risk level food service operations and retail
food establishments component by dividing the support costs of the
risk level food service operations and retail food establishments
component by the total number of risk level I, risk level II, risk
level III, risk level IV, and risk level V commercial food service
operations and retail food establishments plus fifty per cent of
noncommercial operations classified by risk.
(b) Determine the total number of food service operations
and retail food establishments in each risk level category. If the
licensor elects to establish noncommercial categories for risk
level food service operations and risk level retail food
establishments, the total number of food service operations and
retail food establishments in each risk level category equals the
number of commercial risk level food service operations and
commercial risk level retail food establishments plus fifty per
cent of the number of noncommercial risk level food service
operations and noncommercial risk level retail food
establishments.
(c) Determine the number of standard inspection periods for
each risk level category using the inspection time factor. The
inspection time factor equals the ratio of the average amount of
time per inspection for all risk levels relative to the average
time per inspection for the food service operations that are
classified as risk level I and have less than 10,000 square feet.
The inspection time factor for food service operations according
to risk level and square footage are as follows:
(i) Risk level I less than 10,000 square feet is 1.00;
10,000 square feet or above is 1.88.
(ii) Risk level II less than 10,000 square feet is 1.25;
10,000 square feet or above is 2.03.
(iii) Risk level III less than 10,000 square feet is 1.64;
10,000 square feet or above is 4.84.
(iv) Risk level IV less than 10,000 square feet is 2.21;
10,000 square feet or above is 5.16.
(v) Risk level V less than 10,000 square feet is 2.84;
10,000 square feet or above is 6.09.
The number of standard inspection periods equals the minimum
number of inspections required for each risk level category
multiplied by the inspection time factor, the product of which is
multiplied by the total number of food service operations and
retail food establishments in each risk level category.
(d) Determine the total number of standard inspection
periods by summing the standard inspection periods for all risk
level categories;
(e) Determine the nonsupport cost per standard inspection
period by subtracting the support cost from the total actual cost
of the component, and divide this amount by the total number of
standard inspection periods;
(f) Determine the nonsupport cost for each risk level
category by using the following formula: A x B x C = The
nonsupport cost for each risk level, where A equals the nonsupport
cost per standard inspection period, B equals the minimum number
of inspections for the risk level category, and C equals the
inspection time factor for the risk level category;
(g) Determine the maximum license fee that may be
established by adding the nonsupport cost for each risk level
category to the support cost per license issued.
(D) For purposes of determining costs, each licensor shall
calculate by using the statewide average number of establishments
inspected by sanitarians.
Sec. 3717.10. The director of health may request the auditor
of state to conduct an audit of a licensor, in addition to the
annual or biennial audit conducted pursuant to division (A) of
section 117.11 of the Revised Code, if the director has reasonable
cause to believe that an additional audit is in the public
interest.
Sec. 3717.11. (A) Each
board of health shall be surveyed
for the purpose of
determining whether the board is qualified and
has the capacity to administer
and enforce
this chapter and the
rules adopted under it and to abide by the
Ohio uniform food
safety code.
If the board licenses or proposes to license retail
food
establishments, the survey shall be conducted by the
director
of agriculture. If the board licenses or
proposes to license food
service operations, the survey shall
be conducted by the director
of health. Each board shall be surveyed by each director at
least once
every three years.
Surveys shall be conducted in accordance with
rules
adopted under sections 3717.33
and 3717.52 of the Revised
Code,
as applicable. The directors shall schedule and
conduct
their surveys in a manner that minimizes, to the extent
practicable, intrusion on and inconvenience to the board. If a survey demonstrates that the board
is qualified and has
the requisite capacity, the director conducting
the survey shall
approve the board as the
licensor
of retail food establishments or
food service operations,
whichever is being considered, for the
district the board serves. If a survey demonstrates that a board
is not qualified or does not have the requisite capacity,
the
director conducting the survey shall not approve the
board as a
licensor, or shall revoke the director's
approval, whichever is
appropriate. The board may appeal the decision to deny or
revoke
approval to the director taking the action. The appeal shall be
conducted in accordance with rules adopted under section 3717.33
or 3717.52 of
the Revised Code, as applicable. If approval is denied or revoked, the director
taking the
action shall designate an alternative licensor for
the district.
The alternative licensor shall be a
board of health that is
qualified and has the requisite
capacity to serve as alternative
licensor, except that if a
qualified and capable board is not
available from a
health district within reasonable proximity, the
director that denied or revoked the board's approval
shall act as
the alternative licensor. (B) When the approval of a board is revoked, all valid
licenses issued by that board
for retail food establishments or
food service operations,
whichever have been affected,
shall be
treated as though issued by the
alternative licensor. The
licenses shall remain
valid until scheduled
to expire unless
earlier suspended or revoked by the
alternative licensor. (C) All fees charged under section 3717.25 or
3717.45 of the
Revised
Code that have not been expended by a board that has
had
its approval revoked shall be transferred to the alternative
licensor. A board of health acting as
alternative licensor shall
deposit the fees into a special fund
it establishes for receipt of
funds pertaining to the district
for which it is acting as
licensor.
If the director of agriculture is acting as licensor,
the
director shall deposit the fees in the food safety fund
created
in section 915.24 of the Revised Code.
If the director of
health is
acting as
licensor, the director shall deposit the fees
in the general operations
fund created in section 3701.83 of the
Revised Code.
All fees
charged in the district by the alternative
licensor
shall be deposited in the same manner. Moneys deposited
under
this division shall be used solely for the administration
and
enforcement of this chapter and the rules adopted under it in
the
district for which the alternative licensor is
acting as
licensor. (D)(1) A board that has had its approval to act as a
licensor
revoked may submit a request to the director who revoked
the approval
to be reinstated as
a licensor. The request shall be
in writing and shall specify
the corrective measures the board has
taken and a
proposed plan of action to remedy any remaining causes
of the
revocation. The director may reinstate the board as
a
licensor if all of the following occur: (a) The board pays or arranges to pay the
alternative
licensor or director, as applicable, for costs
incurred in acting
as licensor for the district and in
transferring responsibility
for the district to the board, if those costs
exceed the moneys
available under
division (C) of this section for the district; (b) The board corrects all causes of the
revocation; (c) The alternative licensor consents to the reinstatement. (2) The reinstatement of a board as a
licensor shall be
conducted in accordance with procedures
established in rules
adopted under this chapter by the director
who revoked the
approval.
(E) Notwithstanding sections 3717.07, 3717.25, and 3717.45
of the Revised Code, if a board fails to appropriately respond to
a survey, as determined by the director who conducted the survey,
or fails to comply with information reporting requirements within
the time required, the board shall reduce the licensing fee
established for the licensing period that next ensues after
discovery of the failure by twenty per cent of the amount that
would have been established pursuant to sections 3717.07, 3717.25,
and 3717.45 of the Revised Code, but for the failure.
Sec. 3717.22. (A) The following are not retail food
establishments: (1) A food service operation licensed under this
chapter,
including a food service operation
that provides the services of a
retail food establishment
pursuant to an endorsement issued under
section 3717.44 of the
Revised Code; (2) An entity exempt under divisions (B)(1) to (9), (11), or
(12)
of section 3717.42 of the Revised Code from the requirement
to be licensed as a food service operation and an entity exempt
under division (B)(10) of that section if the entity is regulated
by
the department of agriculture as a
wholesale food
processing
establishment
under section
3715.021 of the Revised Code; (3) A business or that portion of a business that is
regulated by the
federal government or the department of
agriculture as a food manufacturing or food processing
operation
establishment,
including
an
operation
establishment or that
portion of an
operation
establishment regulated
by the department
of
agriculture under Chapter
911., 913., 915.,
917., 918., or 925.
of the Revised Code. (B) All of the following are exempt from the requirement to
be
licensed as a retail food establishment: (1) An
operation
establishment, other than a mobile retail
food
establishment, with
commercially prepackaged foods
that
are
not potentially hazardous
and contained
in displays, the total
space of
which equals
less
than one hundred cubic feet; (2) A
storage facility of less than five hundred
square feet
containing prepackaged foods that are not
potentially hazardous;
person at a farmers market that is registered with the director of
agriculture pursuant to section 3717.041 of the Revised Code that
offers for sale only the following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A)(1) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous food, on the condition that the commercially prepackaged
nonpotentially hazardous food is contained in displays, the total
space of which equals less than one hundred cubic feet on the
premises where the person conducts business at the farmers market. (3) A
roadside market that
person who offers only fresh
fruits
and
fresh vegetables that are unprocessed
for sale at a
roadside stand; (4) A nonprofit organization exempt from federal income
taxation under
section 501(c)(3) of the "Internal Revenue
Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that
raises
funds by
selling
displayed foods, if the foods
that are not
potentially
hazardous
and
the display is made for not more than
seven
consecutive days or
more than fifty-two separate days during
a
licensing period. This
exemption extends to any individual or
group raising all of its funds during
the
display time periods
specified in division (B)(4) of this section
for the benefit of
the nonprofit organization by selling
displayed foods under the
same
conditions.
(5) An establishment that offers food
contained in displays
of
less than five hundred square feet,
and
that is classified as
risk
level one pursuant to rules
establishing licensing categories
for
retail food establishments
adopted under section 3717.33 of
the
Revised Code, on the
condition that the establishment offers
food for
sale at retail not
more than six months in each calendar
year; (6) A cottage food production operation, on the condition
that the operation offers its products directly to the consumer
from the site where the products are produced;
(7) A maple syrup and sorghum processor and beekeeper
described in division (A)(1) of section 3715.021 of the Revised
Code, on the condition that the processor or beekeeper offers only
maple syrup, sorghum, or honey directly to the consumer from the
site where those products are processed;
(8) Any person who annually maintains five hundred or fewer
birds, on the condition that the person offers the eggs from those
birds directly to the consumer from the location where the eggs
are
produced;
(9) Any person who annually raises and slaughters one
thousand or fewer chickens, on the condition that the person
offers dressed chickens directly to the consumer from the location
where the chickens are raised and slaughtered;
(10) Any person who raises, slaughters, and processes the
meat of nonamenable species described in divisions (A) and (B) of
section 918.12 of the Revised Code, on the condition that the
person offers the meat directly to the consumer from the location
where the meat is processed;
(11) A farm product auction, on the condition that it is
registered with the director pursuant to rules adopted under
section 3717.041 of the Revised Code and that only the products
described in divisions (B)(8) to (10) of this section that are
produced, raised, slaughtered, or processed, as appropriate, by
persons described in divisions (B)(8) to (10) of this section are
offered for sale at the farm product auction;
(12) A farm product auction, on the condition that it is
registered with the director pursuant to rules adopted under
section 3717.041 of the Revised Code and that only the following
foods are offered for sale at the farm product auction:
(a) Products of a cottage food production operation; (b) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A)(1) of section 3715.021 of the Revised Code. (13) Operations that, with respect to offering food for
sale, offer only prepackaged alcoholic beverages or prepackaged
nonpotentially hazardous beverages;
(14) Operations that, with respect to offering food for
sale, offer only prepackaged alcoholic beverages, prepackaged
nonpotentially hazardous beverages, or commercially prepackaged
food that is not potentially hazardous food, on the condition that
the commercially prepackaged nonpotentially hazardous food is
contained in displays, the total space of which equals less
than
three hundred cubic feet on the premises of the operation;
(15) A person who offers for sale only the following foods
at a festival or celebration, on the condition that the festival
or celebration is organized by a political subdivision of the
state and lasts for a period not longer than seven consecutive
days:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey if produced by a maple
syrup or sorghum processor or beekeeper as described in division
(A)(1) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous food, on the condition that the commercially prepackaged
nonpotentially hazardous food is contained in displays, the total
space of which equals less than one hundred cubic feet on the
premises where the person conducts business at the farmers market.
(16) A farm market on the condition that it is registered
with the director pursuant to rules adopted under section 3717.041
of the Revised Code and that only the following foods are offered
for sale at the farm market:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A)(1) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous food, on the condition that the commercially prepackaged
nonpotentially hazardous food is contained in displays, the total
space of which equals less than one hundred cubic feet on the
premises where the person conducts business at the farm market;
(e) Cider and other juices manufactured on site at the farm
market;
(f) The products or items described in divisions (B)(8) to
(10) of this section, on the condition that those products or
items were produced by the person offering to sell them, and
further conditioned that, with respect to eggs offered, the person
offering to sell them annually maintains five hundred or fewer
birds, and with respect to dressed chickens offered, the person
annually raises and slaughters one thousand or fewer chickens.
Sec. 3717.25. (A) A
licensor may charge fees for issuing
and renewing retail food
establishment licenses. Any licensing
fee charged shall be used solely for
the administration and
enforcement of the
provisions of this chapter
and the rules
adopted under it applicable to
inspecting retail food
establishments. Any licensing fee charged under this section shall be based
on
the licensor's costs of
regulating
inspecting retail food
establishments, as
determined according to the uniform
methodologies established under
section 3717.07 of the Revised
Code. If the licensor is a
board
of health, a fee may be
disapproved by the district advisory
council in the case of a
general health district or the
legislative authority of the city
in the case of a city health
district. A disapproved fee shall
not be charged by the board of
health. At least thirty days
prior to establishing a licensing fee,
the licensor shall hold a
public hearing regarding the proposed
fee. At least thirty days
prior to the public hearing, the
licensor shall give written
notice of the hearing to each person
or government entity holding a retail
food establishment license
that may be affected by
the proposed fee. The notice shall be
mailed to the last known
address of the licensee and shall specify
the date, time, and
place of the hearing and the amount of the
proposed fee. On
request, the licensor shall provide the
completed uniform
methodology used in the calculation of the
licensor's costs and
the proposed fee.
Notwithstanding sections 3717.07, 3717.25, and 3717.45 of the
Revised Code, if the auditor of state, after conducting an audit,
determines that a licensor has charged or is charging a licensing
fee that exceeds the amount that should have been established
based on the uniform methodologies established under section
3717.07 of the Revised Code, the licensor shall reduce the fee it
establishes for the licensing period that next ensues after the
auditor's determination by an amount that is proportional to the
overage. (B) In addition to
licensing fees, a licensor may charge
fees for any of the
following: (1) Review of facility layout and equipment specifications
pertaining to
retail food
establishments; (2) Any necessary collection and bacteriological
examination
of samples from retail food establishments or similar services
specified in rules adopted under this chapter by the director of
agriculture; (3) Attendance at a course of study offered by the licensor
in food
protection as it pertains to retail food establishments,
if the course is
approved under section 3717.09 of the Revised
Code. (C) The director
may determine by rule an amount to be
collected from
applicants for retail food establishment licenses
for use by the
director in administering and enforcing the
provisions of this chapter and the
rules adopted under it
applicable to retail food establishments. Licensors
shall collect
the amount
prior to issuing an applicant's new or renewed license.
If a
licensing fee is charged under this section, the licensor
shall
collect the amount at the same time the fee is collected.
Licensors are not required to provide notice or hold public
hearings regarding amounts collected under this division. Not later than sixty days after the last day of the month
in
which a license is issued, the licensor shall certify the
amount
collected under this division and transmit the amount to
the
treasurer of state. All amounts received shall be deposited into
the food
safety fund created in
section
915.24 of the Revised
Code. The director shall use the amounts solely for the
administration and enforcement of the provisions of this chapter
and the rules
adopted under
it applicable to retail food
establishments. When adopting rules regarding the amounts collected under
this division, the director shall make available during the rule
making process the current and projected expenses of
administering
and enforcing the provisions of this chapter and the rules
adopted
under it applicable to retail food establishments and the total of
all amounts
that have been deposited
in the food safety fund
pursuant to this division.
Sec. 3717.42. (A) The following are not food service
operations: (1) A retail food establishment licensed under this chapter,
including a retail food establishment that provides the services
of
a food service operation pursuant to an endorsement issued
under
section 3717.44 of the Revised Code; (2) An entity exempt from the requirement to be licensed as
a
retail food establishment under division (B) of section 3717.22
of
the Revised Code; (3) A business or that portion of a business that is
regulated by the
federal government or the
department of
agriculture as a food manufacturing or food processing
operation,
including an operation or that portion of an operation regulated
by
the department of
agriculture under Chapter 911., 913., 915.,
917., 918., or 925. of
the Revised
Code. (B) All of the following are exempt from the requirement to
be
licensed as a food service operation: (1) A private home in which individuals related by blood,
marriage, or law reside and in which the food that is prepared or
served is intended only for those individuals and their nonpaying
guests; (2) A private home operated as a bed-and-breakfast that
prepares
and offers food to guests, if the home is owner-occupied,
the number
of available guest bedrooms does not exceed six,
breakfast is the
only meal offered, and the number of guests
served does not exceed
sixteen; (3) A stand operated on the premises of a private home by
one or
more children under the age of twelve, if the food served
is not
potentially hazardous; (4) A residential facility that accommodates not more than
sixteen residents; is licensed, certified, registered, or
otherwise regulated by the federal government or by the state or
a
political subdivision of the state; and prepares food for or
serves food to only the residents of the facility, the staff of
the facility, and any nonpaying guests of residents or staff; (5) A church, school, fraternal or veterans'
organization,
volunteer fire organization, or volunteer
emergency medical
service organization preparing or serving food
intended for
individual portion service on its premises for not
more than seven
consecutive days or not more than
fifty-two separate days during a
licensing period. This
exemption extends to any individual or
group raising all of its funds during
the time periods specified
in division (B)(5) of this section for the
benefit of
the church,
school, or organization by preparing or serving food intended for
individual portion service under the same conditions. (6) A common carrier that prepares or serves food, if the
carrier is
regulated by the federal government; (7) A food service operation serving five or fewer
individuals daily; (8) A type A or type B family day-care
home, as defined in
section 5104.01 of the Revised Code, that prepares or serves
food
for the children receiving day-care; (9) A vending machine location where the only
foods
dispensed are foods from one or
both of the following categories: (a) Prepackaged foods that are not potentially hazardous; (b) Nuts, panned or wrapped bulk chewing gum, or panned or
wrapped bulk candies. (10) A place servicing the vending machines at a vending
machine
location described in division (B)(9) of this section; (11) A commissary servicing vending machines that dispense
only milk, milk products, or frozen desserts that are under a
state or federal inspection and analysis program; (12) A
"controlled location vending machine
location," which
means a vending machine location at which all of the
following
apply: (a) The vending machines dispense only foods that are not
potentially hazardous; (b) The machines are designed to be filled and maintained
in
a sanitary manner by untrained persons; (c) Minimal protection is necessary to ensure against
contamination of food and equipment. (13) A private home that prepares and offers food to guests,
if the home is owner-occupied, meals are served on the premises of
that home, and the number of meals served does not exceed one
hundred fifteen
per week.
Sec. 3717.45. (A) A licensor may charge fees for issuing
and renewing food service operation licenses. Any licensing fee
charged shall be used solely for
the
administration and
enforcement of the provisions of this chapter and
the rules
adopted under it applicable to
inspecting food service operations. Any licensing fee charged under this section shall be based
on the licensor's costs of
regulating
inspecting food service
operations, as
determined according to the uniform methodologies
established under
section 3717.07 of the Revised Code. If the
licensor is a board
of health, a fee may be disapproved by the
district advisory council in the
case of a general health
district
or the legislative authority of the city in the case of a city
health
district. A disapproved
fee shall not be charged by the
board of health. At least thirty days prior to establishing a licensing
fee,
the licensor shall hold a public hearing regarding the
proposed
fee. At least thirty days prior to the public hearing,
the
licensor shall give written notice of the hearing to each
person
or government entity holding a food service
operation license that
may be affected by the proposed fee. The notice
shall be mailed
to the last known address of the licensee and
shall specify the
date, time, and place of the hearing and the
amount of the
proposed fee. On request, the licensor shall
provide the
completed uniform methodology used in the calculation
of the
licensor's costs and the proposed fee.
Notwithstanding sections 3717.07, 3717.25, and 3717.45 of the
Revised Code, if the auditor of state, after conducting an audit,
determines that a licensor has charged or is charging a licensing
fee that exceeds the amount that should have been established
based on the uniform methodologies established under section
3717.07 of the Revised Code, the licensor shall reduce the fee it
establishes for the licensing period that next ensues after the
auditor's determination by an amount that is proportional to the
overage. (B) In addition to licensing fees, a licensor may charge
fees for the following: (1) Review of facility layout and equipment specifications
pertaining
to food service operations, other than
mobile and
temporary food service operations,
or similar reviews conducted
for vending machine locations; (2) Any necessary collection and bacteriological
examination
of samples from food service operations, or
similar services
specified in rules adopted under this chapter by the public
health
council; (3) Attendance at a course of study offered
by the licensor
in food protection as it pertains to food service
operations, if
the course is approved under section
3717.09 of the Revised Code. (C) The public health council may determine by rule an
amount to be collected from applicants for food service operation
licenses for use by the director of health in administering and
enforcing the provisions of this chapter and the rules adopted
under it
applicable to food service operations. Licensors
shall
collect the amount prior to issuing an applicant's new or
renewed
license. If a licensing fee is charged under this
section, the
licensor shall collect the amount at the same time
the fee is
collected. Licensors are not required to provide
notice or hold
public hearings regarding amounts collected under
this division. Not later than sixty days after the last day of the month
in
which a license is issued, the licensor shall certify the
amount
collected under this division and transmit the amount to
the
treasurer of state. All amounts received shall be deposited
into
the general operations fund created in section
3701.83 of the
Revised Code. The director
shall use the amounts solely for the
administration and enforcement of the provisions of this chapter
and
the rules adopted under it applicable to food service
operations. The director may submit recommendations to the public
health
council regarding the amounts collected under this
division. When
making recommendations, the director shall submit
a report stating
the current and projected expenses of
administering and enforcing
the provisions of this chapter and the
rules adopted
under it
applicable to food service operations and the total of all
amounts
that have been deposited in
the general operations fund pursuant
to this division. The
director may include in the report any
recommendations for
modifying the department's administration and
enforcement of the provisions
of this chapter and the rules
adopted under it applicable to food service
operations.
Sec. 4303.021. Permit A-1-A may be issued to the holder of
an A-1 or A-2 permit to sell beer and any intoxicating liquor at
retail, only by the individual drink in glass or from a
container,
provided such A-1-A permit premises are situated on
the same
parcel or tract of land as the related A-1 or A-2
manufacturing
permit premises or are separated therefrom only by
public streets
or highways or by other lands owned by the holder
of the A-1 or
A-2 permit and used by the holder in
connection with or in
promotion of the holder's A-1 or A-2 permit business. The
fee for
this
permit is three thousand one hundred twenty-five dollars.
The
holder of an A-1-A permit may sell beer and any intoxicating
liquor during the same hours as the holders of D-5 permits under
this chapter or Chapter 4301. of the Revised Code or the rules of
the liquor control commission and shall obtain a
restaurant
license
as a retail food establishment or a food service operation
pursuant to
section 3717.43
Chapter 3717. of the Revised
Code
and
operate as a restaurant for purposes of this chapter. Except as otherwise provided in this section, no new A-1-A
permit shall be issued to the holder of an A-1 or A-2 permit
unless the sale of beer and intoxicating liquor under class D
permits is permitted in the precinct in which
the A-1
or A-2
permit is located and, in the case of an A-2 permit,
unless the
holder of the A-2 permit manufactures or has a storage
capacity of
at least twenty-five thousand gallons of wine per
year. The
immediately preceding sentence does not prohibit the
issuance of
an A-1-A permit to an applicant for such a permit who
is the
holder of an A-1 permit and whose application was filed
with the
division of liquor control before June 1,
1994. The
liquor
control commission shall not restrict the number of A-1-A
permits
which may be located within a precinct.
Sec. 4303.13. Permit D-1
may be issued to the owner or
operator of a hotel or
restaurant
of a retail food establishment
or a food service operation
licensed pursuant to
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter, or of a
club, amusement park,
drugstore, lunch stand, boat, or vessel,
and shall be issued to a
person described in division (B) of this
section, to sell beer at
retail either in glass or container, for
consumption on the
premises where sold; and, except as otherwise
provided in division
(B) of this section, to sell beer at retail
in other receptacles
or in original containers having a capacity
of not more than five
and one-sixth gallons not for consumption
on the premises where
sold. The fee for this permit is one
hundred eighty-eight dollars
for each location, boat, or vessel.
Sec. 4303.14. Permit D-2 may be issued to the owner or
operator of a hotel or
restaurant
of a retail food establishment
or a food service operation licensed pursuant to
section
3717.43
Chapter 3717. of
the Revised Code
that operates as a restaurant
for purposes of this chapter, or of a
club, boat, or vessel, to
sell wine and prepared and bottled cocktails,
cordials, and other
mixed beverages manufactured and distributed by holders of
A-4 and
B-4 permits at retail, either in glass or container, for
consumption
on the premises where sold. The holder of such permit
may also sell wine and
prepared and bottled cocktails, cordials,
and other mixed beverages in
original packages and not for
consumption on the premises where sold or for
resale. The fee for
this permit is two hundred eighty-two dollars for each
location,
boat, or vessel.
Sec. 4303.15. Permit D-3 may be issued to the owner or
operator of a hotel or
restaurant
of a retail food establishment
or a food service operation licensed pursuant to
section
3717.43
Chapter 3717. of the
Revised Code
that operates as a restaurant
for purposes of this chapter, or
of a
club, boat, or vessel, to
sell
spirituous liquor at retail, only by the
individual drink in
glass
or from the container, for consumption on the
premises where
sold.
No sales of intoxicating liquor shall be made by a
holder of
a D-3
permit after one a.m. The fee for this permit is six
hundred
dollars for each location, boat, or vessel.
Sec. 4303.18. Permit D-5 may be issued to the owner or
operator of a
retail food establishment or a food service
operation licensed pursuant to Chapter 3717. of the Revised Code
that operates as a restaurant or night
club
for purposes of this
chapter, to sell beer and
any intoxicating liquor
at retail, only
by the
individual drink in
glass and from the
container, for
consumption on the
premises
where sold, and to sell
the same
products in the same manner and
amounts not for
consumption on the
premises as may be sold by
holders of D-1
and
D-2 permits. A
person who is the holder of
both a D-3 and D-3a
permit
need not
obtain a D-5 permit. The fee
for this permit is
one thousand
eight
hundred seventy-five
dollars.
Sec. 4303.181. (A) Permit D-5a
may be issued either to the
owner or operator of a hotel or motel that
is
required to be
licensed under section 3731.03 of the Revised Code, that contains
at least fifty rooms for
registered transient
guests,
and that
qualifies under the other requirements of this
section,
or to the
owner or operator of a restaurant specified under this
section, to
sell beer and any intoxicating liquor at retail, only
by the
individual drink in glass and from the container, for
consumption
on the premises where sold, and to registered guests
in their
rooms, which may be sold by means of a controlled access
alcohol
and beverage cabinet in accordance with division (B) of
section
4301.21 of the Revised Code; and to sell the same
products in the
same manner and amounts not for consumption on
the premises as may
be sold by holders of D-1 and D-2 permits.
The premises of the
hotel or motel shall include a
restaurant that is
retail food
establishment or a food service operation
licensed
pursuant to
section 3717.43
Chapter 3717. of the Revised Code,
that operates
as a restaurant for purposes of this chapter and that
is
affiliated with the hotel or motel and within or contiguous to
the
hotel or motel, and that serves food within the
hotel or motel,
but
the principal business of the owner or operator of the hotel
or
motel shall be the accommodation of transient guests. In
addition to the privileges authorized in this division,
the holder
of a
D-5a permit may exercise the same privileges as the holder of
a
D-5 permit. The owner or operator of a hotel, motel, or restaurant who
qualified for and
held a D-5a permit on
August 4, 1976, may, if
the owner or operator held another
permit before holding a D-5a
permit, either retain a D-5a permit or apply for
the permit
formerly held, and the division of liquor
control shall issue the
permit for which the owner or operator
applies and formerly held,
notwithstanding any quota. A D-5a permit shall not be
transferred to another location.
No quota restriction shall be
placed on the number of such permits
that may be issued. The fee for this permit is one
thousand eight hundred
seventy-five dollars. (B) Permit D-5b may be issued to
the owner, operator,
tenant, lessee, or occupant of an enclosed
shopping center to sell
beer and intoxicating liquor at retail,
only by the individual
drink in glass and from the container, for
consumption on the
premises where sold; and to sell the same
products in the same
manner and amount not for consumption on the
premises as may be
sold by holders of D-1 and D-2 permits. In
addition to the
privileges authorized in this division,
the holder
of a D-5b
permit may exercise the same privileges as a holder of
a D-5
permit. A D-5b permit shall not be
transferred to another location. One D-5b permit may be issued at
an enclosed shopping center
containing at least two hundred
twenty-five thousand, but less
than four hundred thousand, square
feet of floor area. Two D-5b permits may be issued at
an enclosed shopping center
containing at least four hundred
thousand square feet of floor
area. No more than one D-5b permit
may be issued at an enclosed
shopping center for each additional
two hundred thousand square
feet of floor area or fraction
of that floor area, up to a
maximum of five D-5b permits
for each enclosed
shopping center.
The number of D-5b permits that may be issued
at an enclosed
shopping center shall be determined by subtracting
the number of
D-3 and D-5 permits issued in the enclosed shopping
center from
the number of D-5b permits that otherwise may be
issued at the
enclosed shopping center under the formulas
provided in this
division. Except as provided in this section,
no quota shall be
placed on the number of D-5b permits that may
be issued.
Notwithstanding any quota provided in this section,
the holder of
any D-5b permit first issued in accordance with
this section is
entitled to its renewal in accordance with
section 4303.271 of the
Revised Code. The holder of a D-5b permit
issued before April 4, 1984,
whose tenancy is terminated for a
cause other than nonpayment of
rent, may return the D-5b
permit
to the division of liquor
control, and the
division shall
cancel that permit. Upon
cancellation of that permit and upon
the permit holder's payment
of taxes, contributions, premiums,
assessments, and other debts
owing or accrued upon the date of
cancellation to this state and
its political subdivisions and a
filing with the division of a
certification
of that payment, the division shall issue to that
person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as
that person
requests. The division shall issue the D-5 permit,
or
the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2,
D-3, or D-5
permits currently issued in the municipal corporation
or in the
unincorporated area of the township where that person's
proposed
premises is located equals or exceeds the maximum number
of such
permits that can be issued in that municipal corporation
or in
the unincorporated area of that township under the
population
quota restrictions contained in section 4303.29 of the
Revised
Code. Any D-1, D-2, D-3, or D-5 permit so issued shall
not
be transferred to another location. If a D-5b permit is
canceled
under the provisions of this paragraph, the number of
D-5b
permits that may be issued at the enclosed shopping center
for
which the D-5b permit was issued, under the formula provided
in
this division, shall be reduced by one if the enclosed shopping
center was entitled to more than one D-5b permit under the
formula. The fee for this permit is one
thousand eight hundred
seventy-five dollars. (C) Permit D-5c may be issued
either to the owner or
operator of a
restaurant that is
retail food establishment or a
food service operation licensed
pursuant
to
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter
and that
qualifies under
the other
requirements of this section to sell beer and any
intoxicating
liquor at retail, only by the individual drink in
glass and from
the container, for consumption on the premises
where sold, and to
sell the same products in the same manner and
amounts not for
consumption on the premises as may be sold by
holders of D-1 and
D-2 permits. In addition to the privileges
authorized in this
division, the holder of a D-5c permit
may exercise the
same
privileges as the holder of a D-5 permit. To qualify for a D-5c permit, the
owner or operator of a
restaurant that is
retail food establishment or a food service
operation licensed pursuant to
section
3717.43
Chapter 3717. of
the
Revised Code
that operates as a restaurant for purposes of
this chapter, shall have operated the
restaurant at
the proposed
premises for not less than twenty-four consecutive
months
immediately preceding the filing of the application
for the
permit, have applied for a D-5 permit no later
than
December 31,
1988, and appear on the division's quota waiting list for not
less
than six months
immediately preceding the filing of the
application for the
permit. In
addition to these requirements,
the proposed D-5c permit premises
shall be located within a
municipal corporation and further
within
an election precinct
that, at the time of the
application, has
no more than
twenty-five per cent of its total land area zoned
for residential
use. A D-5c permit shall not be
transferred to another location.
No quota restriction shall be
placed on the number of such permits
that may be issued. Any person who has held a D-5c
permit for at least two years
may apply for a D-5 permit, and the
division of liquor control
shall issue the D-5 permit
notwithstanding the quota restrictions
contained in section
4303.29 of the Revised Code or in any rule of
the liquor control
commission. The fee for this permit is one
thousand two hundred fifty
dollars. (D) Permit D-5d may be issued to
either the owner or
operator of a
restaurant that is
retail food establishment or a
food service operation licensed
pursuant to
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter and
that is located at an
airport
operated by
a board of county commissioners pursuant to
section
307.20 of the
Revised Code or at an airport operated by a
regional
airport
authority pursuant to Chapter 308. of the
Revised Code.
Not more
than one D-5d permit shall be issued in
each county. The
holder
of a D-5d permit may sell beer and any
intoxicating liquor
at
retail, only by the individual drink in
glass and from the
container, for consumption on the premises
where sold, and may
sell the same products in the same manner and
amounts not for
consumption on the premises where sold as may be
sold by the
holders of D-1 and D-2 permits. In addition to the
privileges
authorized in this division, the holder of a D-5d
permit may
exercise the same privileges as the holder of a D-5
permit. A D-5d permit shall not be
transferred to another location.
Except as otherwise provided in
this division, no quota
restrictions shall be placed on the
number of such permits that
may be issued. The fee for this permit is one
thousand eight hundred
seventy-five dollars. (E) Permit D-5e may be issued to
any nonprofit organization
that is exempt from federal income
taxation under the
"Internal
Revenue Code of 1986,"
100 Stat.
2085, 26 U.S.C.A. 501(c)(3), as
amended, or that is a charitable
organization under any chapter of
the Revised Code, and that owns
or operates a riverboat that
meets all of the following: (1) Is permanently docked at one
location; (2) Is designated as an
historical riverboat by the Ohio
historical society; (3) Contains not less than
fifteen hundred square feet of
floor area; (4) Has a seating capacity of
fifty or more persons. The holder of a D-5e permit may
sell beer and intoxicating
liquor at retail, only by the
individual drink in glass and from
the container, for consumption
on the premises where sold. A D-5e permit shall not be
transferred to another location.
No quota restriction shall be
placed on the number of such permits
that may be issued.
The
population quota restrictions contained
in section 4303.29 of the
Revised Code or in any rule of the
liquor control commission
shall not apply to this division, and
the division
shall issue a
D-5e permit to any applicant who meets
the requirements of this
division. However, the division shall
not issue a
D-5e permit
if the permit premises or proposed permit
premises are located
within an area in which the sale of
spirituous liquor by the
glass is prohibited. The fee for this permit is nine
hundred seventy-five dollars. (F) Permit D-5f may be issued to
either the owner or
the
operator of a
retail food establishment or a food service
operation
that is
licensed under
section 3717.43
Chapter 3717. of
the Revised Code
that operates as a restaurant for purposes of
this chapter and that meets all
of the
following: (1) It contains not less than
twenty-five hundred square
feet of floor area. (2) It is located on or in, or
immediately adjacent to, the
shoreline of, a navigable river. (3) It provides docking space for
twenty-five boats. (4) It provides entertainment and
recreation, provided that
not less than fifty per cent of the
business on the permit
premises shall be preparing and serving
meals for a consideration. In addition, each application for
a D-5f permit shall be
accompanied by a certification from the
local legislative
authority that the issuance of the D-5f permit
is not inconsistent
with that political subdivision's
comprehensive development plan
or other economic development goal
as officially established by
the local legislative authority. The holder of a D-5f permit may
sell beer and intoxicating
liquor at retail, only by the
individual drink in glass and from
the container, for consumption
on the premises where sold. A D-5f permit shall not be
transferred to another location.
No more than fifteen D-5f
permits shall be issued by the division
of liquor
control, and
no more than two such permits shall be
issued in any county.
However, the division shall not issue a
D-5f permit
if the
permit premises or proposed permit premises are
located within an
area in which the sale of spirituous liquor by
the glass is
prohibited. A fee for this permit is one
thousand eight hundred
seventy-five dollars. As used in this division,
"navigable river" means a river
that is also a
"navigable water"
as defined in the
"Federal Power
Act," 94 Stat.
770
(1980), 16 U.S.C. 796. (G) Permit D-5g may be issued to
a nonprofit corporation
that is either the owner or the operator
of a national
professional sports museum. The holder of a D-5g
permit may sell
beer and any intoxicating liquor at retail, only
by the individual
drink in glass and from the container, for
consumption on the
premises where sold. The holder of a D-5g
permit shall sell no
beer or intoxicating liquor for consumption
on the premises where
sold after one a.m. A D-5g permit shall
not be transferred to
another location. No quota restrictions
shall be placed on the
number of D-5g permits that may be issued. The fee for
this
permit is one thousand five hundred dollars. (H) Permit D-5h may be issued to any nonprofit
organization
that is exempt from federal income taxation under
the
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as
amended, that owns or operates a fine arts museum
and has no less
than five thousand bona fide members possessing
full membership
privileges. The holder of a D-5h permit may sell
beer and any
intoxicating liquor at retail, only by the
individual drink in
glass and from the container, for consumption
on the premises
where sold. The holder of a D-5h permit shall
sell no beer or
intoxicating liquor for consumption on the
premises where sold
after one a.m. A D-5h permit shall not be
transferred to another
location. No quota restrictions shall be
placed on the number of
D-5h permits that may be issued. The fee
for this permit is one
thousand five hundred dollars. (I) Permit D-5i may be issued to
either the owner or
the
operator of a
retail food establishment or a food service
operation
that is licensed under
section
3717.43
Chapter 3717. of
the Revised Code
that operates as a restaurant for purposes of
this chapter and that meets all of the
following
requirements: (1) It is located in a municipal corporation or a township
with a population of fifty thousand or less. (2) It has inside seating capacity for at least one
hundred
forty persons. (3) It has at least four thousand square feet of floor
area. (4) It offers full-course meals, appetizers, and
sandwiches. (5) Its receipts from beer and liquor sales do not exceed
twenty-five per cent of its total gross receipts. (6) The value of its real and personal property exceeds
seven hundred twenty-five thousand
dollars. The holder of a D-5i permit shall cause an independent
audit
to be performed at the end of one full year of operation
following
issuance of the permit in order to verify the
requirements of
division (I)(5) of this section. The results of
the independent
audit shall be transmitted to the
division. Upon determining that
the receipts of the holder from beer
and liquor sales exceeded
twenty-five per cent of its total gross
receipts, the division
shall suspend the permit of
the permit
holder under section
4301.25 of the Revised Code and may allow
the permit holder to
elect a forfeiture under section 4301.252 of
the Revised Code. The holder of a D-5i permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. The holder of a D-5i
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after two-thirty a.m. In addition to
the
privileges authorized in this division, the holder
of a D-5i
permit may exercise the same privileges as the holder
of a D-5
permit. A D-5i permit shall not be transferred to another location.
The division of liquor control shall not renew a D-5i
permit
unless the food service operation for which it is issued
continues
to meet the requirements described in divisions (I)(1)
to (6) of
this section. No quota restrictions shall be placed on
the number
of D-5i permits that may be issued. The fee for this
permit is
one thousand eight hundred seventy-five dollars. (J)(1) Permit D-5j may be issued to
either the owner or the
operator of a
retail food establishment or a
food service
operation
that is licensed under
section
3717.43
Chapter 3717.
of
the
Revised Code to sell beer and intoxicating
liquor
at retail,
only by the individual drink in glass and from
the container, for
consumption on the premises where sold
and to
sell beer and
intoxicating liquor in the same manner and amounts
not
for
consumption on the premises where
sold as may be sold by
the
holders of D-1 and D-2 permits.
The holder of a D-5j permit
may
exercise the same
privileges, and
shall observe the same hours
of
operation, as the holder of a D-5
permit.
(2) The D-5j permit shall be issued only within a community
entertainment district that is designated under section 4301.80 of
the
Revised Code and that is located in a
municipal corporation
with a population of at least one hundred
thousand. (3) The location of a D-5j permit may be
transferred only
within
the geographic boundaries of the community entertainment
district in which it
was issued and shall not be transferred
outside the geographic
boundaries of that district. (4) Not more than one D-5j permit shall be issued within
each
community entertainment district for each five acres of land
located
within the district. Not more than fifteen D-5j
permits
may be issued within a single community entertainment district.
Except
as otherwise provided in division (J)(4) of this section,
no quota restrictions shall be placed upon the number of
D-5j
permits that may be issued. (5) The fee for a D-5j permit is one thousand
eight hundred
seventy-five dollars. Sec. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to (F) of this section, permit D-6 shall be issued
to
the
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5,
D-5a,
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-7
permit to allow sale under that permit between the hours of
ten
a.m. and midnight, or between the hours of
one
p.m. and midnight,
on Sunday, as applicable, if that sale
has
been
authorized
under
section 4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised
Code and
under the restrictions of that authorization.
(B) Permit D-6 shall be issued
to the holder of any permit,
including a D-4a and D-5d permit,
authorizing the sale of
intoxicating liquor issued for a premises
located at any publicly
owned airport, as defined in section
4563.01 of the Revised Code,
at which commercial airline
companies operate regularly scheduled
flights on which space is
available to the public, to allow sale
under such permit between
the hours of ten a.m. and midnight on
Sunday,
whether or not
that sale has been authorized under section
4301.361,
4301.364, 4301.365, or, 4301.366 of the
Revised
Code.
(C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is the owner
or
operator of a hotel or motel that is required to be licensed
under
section 3731.03 of the Revised Code, that
contains at least
fifty
rooms for registered transient guests, and that has on its
premises a
restaurant
retail food establishment or a food service
operation licensed pursuant to
section 3717.43
Chapter 3717. of
the
Revised Code
that operates as a restaurant for purposes of
this chapter and is affiliated with the hotel or motel and within
or
contiguous to the hotel or motel and serving food within the
hotel
or motel, to allow sale under such permit between the hours
of
ten
a.m. and midnight on Sunday,
whether or
not that
sale has
been
authorized under section 4301.361,
4301.364, 4301.365, or,
4301.366 of
the Revised Code. (D) The holder of a D-6 permit
that is issued to a
sports
facility may make sales under the permit between the hours
of
eleven a.m. and midnight on any Sunday on
which a professional
baseball, basketball, football, hockey, or soccer game is
being
played at the sports facility. As used in this
division,
"sports
facility" means a stadium or arena that has a seating
capacity of
at least four
thousand and that is owned or leased by a
professional baseball, basketball,
football, hockey, or
soccer
franchise or any combination of those franchises. (E) Permit D-6 shall be issued to the holder of any
permit
that authorizes the sale of beer or intoxicating liquor and that
is
issued to a premises located in or at the Ohio historical
society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of
ten a.m. and midnight on Sunday,
whether or
not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code. (F)
Permit D-6 shall be issued to
the holder of any permit
that authorizes the sale of intoxicating liquor and
that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section
4301.361 of
the Revised Code. A D-6 permit issued under this
division
is subject to the results of an election, held after the
D-6
permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code.
Following the end of the period
during which an election may be
held on question (B)(4) as set
forth in that section, sales of
intoxicating liquor may continue
at an outdoor performing arts center
under a D-6 permit issued
under this division, unless
an election on that question is held
during the permitted period and a
majority of the
voters voting in
the precinct on that question vote
"no." As used in this division,
"outdoor performing arts center"
means
an outdoor performing arts center that is located on not
less than eight
hundred acres of land and that is open for
performances from the
first day of April to the last day of
October of each
year. (G) If the restriction to licensed
premises where the sale
of food and other goods and services
exceeds fifty per cent of the
total gross receipts of the permit
holder at the premises is
applicable, the division of liquor
control may accept an affidavit
from the permit holder to show
the proportion of the permit
holder's gross receipts derived from the sale of
food and other
goods and services. If the liquor control
commission determines
that affidavit to have been false, it
shall revoke the permits of
the permit holder at the premises
concerned. (H) The fee for the D-6 permit is two
hundred fifty dollars
when it is issued to the holder of an
A-1-A, A-2, D-2, D-3, D-3a,
D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h,
D-5i, D-5j, or D-7 permit. The fee for
the D-6 permit is two
hundred dollars when it is issued to the
holder of a C-2 permit.
Sec. 4303.183. Permit D-7 may be
issued to the holder of any
D-2 permit issued by the
division
of liquor control, or if there
is an insufficient number of D-2
permit holders to fill the resort
quota, to the operator of a
retail food establishment or a
food
service operation required to be
licensed under
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter and
which
qualifies under the other
requirements of this section, to sell
beer and any intoxicating
liquor at retail, only by the individual
drink in glass and from
the container, for consumption on the
premises where sold. Not
less than fifty per cent of the business
on the permit premises
shall be preparing and serving meals for a
consideration in order
to qualify for and continue to hold such
D-7 permit. The permit
premises shall be located in a resort
area. "Resort area" means a municipal
corporation, township,
county, or any combination thereof, which
provides entertainment,
recreation, and transient housing
facilities specifically intended
to provide leisure time
activities for persons other than those
whose permanent residence
is within the
"resort area" and who
increase the population of
the
"resort area" on a seasonal basis,
and which experiences
seasonal peaks of employment and
governmental services as a
direct result of population increase
generated by the transient,
recreating public. A resort season
shall begin on the first day
of May and end on the last day of
October. Notwithstanding
section 4303.27 of the Revised Code,
such permits may be issued
for resort seasons without regard to
the calendar year or permit
year. Quota restrictions on the
number of such permits shall
take into consideration the transient
population during the
resort season, the custom and habits of
visitors and tourists,
and the promotion of the resort and tourist
industry. The fee
for this permit is three hundred seventy-five
dollars per month. Any suspension of a D-7 permit
shall be satisfied during the
resort season in which such
suspension becomes final. If such
suspension becomes final
during the off-season, or if the period
of the suspension extends
beyond the last day of October, the
suspension or remainder
thereof shall be satisfied during the next
resort season. The ownership of a D-7 permit may
be transferred from one
permit holder to another. The holder of
a D-7 permit may file an
application to transfer such permit to a
new location within the
same resort area, provided that such
permit holder shall be the
owner or operator of a
retail food establishment or a food service
operation, required to be
licensed under
section
3717.43
Chapter
3717. of the
Revised Code, that operates as a restaurant for
purposes of this chapter, at such new
location.
Section 2. That existing sections 3709.03, 3709.05, 3709.07,
3715.01, 3715.021, 3717.01, 3717.05, 3717.11,
3717.22, 3717.25,
3717.42, 3717.45, 4303.021, 4303.13, 4303.14, 4303.15, 4303.18,
4303.181, 4303.182, and 4303.183 and section 3717.07 of the
Revised Code
are
hereby
repealed.
Section 3. If a board of health does not have at least one
member who is an individual who holds a current license to operate
a food service operation under Chapter 3717. of the Revised Code
on the effective date of this act, the appropriate appointing
authority shall, upon the expiration of the term of office or upon
filling a vacancy that occurs first after the effective date of
this act, appoint an individual who holds that type of license to
the board, and before that appointment, notwithstanding sections
3709.03, 3709.05, and 3709.07 of the Revised Code as amended by
this act, the board need not have a member who holds that type of
license.
Section 4. Licenses issued pursuant to Chapter 3717. of the
Revised Code before the effective date of this act that were due
to expire on February 28, 2002, instead remain valid until May 31,
2002.
Section 5. Section 3709.05 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. H.B. 117 and Am. Sub. H.B. 355 of
the 121st General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
Section 6. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
licensure requirements are posing an undue economic burden upon
small retail food establishments, threatening the livelihood of
those employers and their employees. Therefore, this act shall go
into immediate effect.
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