§ 11-6-101. Licenses.

   (a)   Health Department responsibility. The Health Department shall be responsible for conducting plan reviews and issuing licenses for food service facilities as required by applicable State law and regulation.

   (b)   Plan review fees. The fees for plan reviews are:

      (1)   high/medium priority facilities, structural, $750;

      (2)   high/medium priority facilities, hazard analysis critical control point, $750; and

      (3)   low priority facilities, structural, $500.

   (c)   License fees. The fees for the licenses are as follows:

      (1)   for a high priority permanent food service facility, $590;

      (2)   for a high priority food service facility that operates fewer than four months per licensing period, $395;

      (3)   for a medium priority permanent food service facility, $395;

      (4)   for a medium priority food service facility that operates fewer than six months per licensing period, $195;

      (5)   for a low priority permanent food service facility, $195;

      (6)   for a high or medium priority food service facility operating for a temporary period, $114;

      (7)   for a low priority food service facility operating for a temporary period, $35;

      (8)   for a food service facility operating from a mobile unit, $395;

      (9)   for a high priority food service facility operated at a bed and breakfast, $400;

      (10)   for a medium priority food service facility operated at a bed and breakfast, $270;

      (11)   for a food service facility operated by an excluded organization, as defined in the General Health Article, § 21-301, of the State Code, exempt; and

      (12)   for a semi-permanent food service facility, $395.

   (d)   Penalty fee. Failure to apply for a license renewal or an initial license within 30 days of notice by the County shall result in a penalty fee of 20% of the license fee. This fee shall be assessed for each 30-day period until a renewal or initial license application plus penalty fee is received by the County.

(1985 Code, Art. 14, § 6-101) (Bill No. 37-91; Bill No. 46-92; Bill No. 37-95; Bill No. 13-05; Bill No. 42-08; Bill No. 56-09; Bill No. 83-12; Bill No. 93-18)

§ 11-6-102. Inspections.

   (a)   Generally. The Health Department shall conduct inspections of food service facilities as required by applicable State law and regulation.

   (b)   Correction of violations. If an initial inspection determines that the food service facility is in violation of State law or regulation, the owner shall correct the violation prior to the re-inspection date.

   (c)   Reinspection fee. If the violation is not corrected at the first re-inspection, the owner of the food service facility shall be assessed a fee of $175 for each additional re-inspection.

(1985 Code, Art. 14, § 6-102) (Bill No. 37-95; Bill No. 13-05; Bill No. 42-08)

§ 11-6-103. Polystyrene foam products.

   (a)   Definitions. In this section, the following words have the meanings indicated.

      (1)   "Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres or expandable bead polystyrene, injection molding, foam molding, and extrusion-blow molding or extruded foam polystyrene.

      (2)   "Expanded polystyrene food service products" means food containers or service ware, including dishes, hot and cold beverage cups, trays, cartons for eggs and other foods, prepared food or leftover containers, and other products made of expanded polystyrene and used for selling, providing, or serving food that are intended by the manufacturer to be used once for eating or drinking or generally recognized by the public as items to be discarded after one use.

      (3)   "Food service business" means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, commercial retailer with grocery departments or food service, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other businesses selling or providing food within the County for consumption on or off the premises.

   (b)   Prohibition on use of expanded polystyrene food service products. A food service business may not provide food in expanded polystyrene food service products, regardless of where the food will be consumed. This prohibition does not apply to food or beverages filled and sealed in expanded polystyrene containers outside of the County prior to receipt by a food service business or to materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.

   (c)   Prohibition on sale. A food service business may not sell or offer for sale expanded polystyrene food service products.

   (d)   Violations. It is a Class E civil offense to violate any provision of this section. A food service business shall be entitled to a warning for the first offense.

(Bill No. 5-19)

§ 11-6-104. Electronic smoking devices.

   (a)   Definition. In this section, the following words have the meanings indicated.

      (1)   "Electronic smoking device" has the meaning stated in § 16.7-101 of the Business Regulation Article of the State Code.

      (2)   "Restaurant" means a commercial establishment for the sale of food for on-premises consumption.

   (b)   Prohibition. A restaurant shall prohibit the indoor use of electronic smoking devices.

   (c)   Violations. It is a Class E civil offense to violate any provision of this section.

(Bill N. 63-20)