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Cleveland Overview
Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
TITLE I: NUISANCES AND GENERAL PROVISIONS
TITLE III: FOOD AND FOOD PRODUCTS
CHAPTER 241 - FOOD SHOPS
§ 241.01 Rules and Regulations
§ 241.02 Enforcement and Inspection
§ 241.03 Definitions
§ 241.04 Quality and Labeling Standards
§ 241.041 Safe Food Sanitation Standards
§ 241.05 Food Shop Licenses and Fees
§ 241.051 Food Vehicle Permit; Fee - Expired
§ 241.06 License or Permit Disapproval; Revocation; Suspension; Appeals
§ 241.061 Public Health Information Sign Requirements
§ 241.07 Display of License, Permit, and Public Health Information Sign
§ 241.08 Food Shop Sanitation
§ 241.09 Food Handling Premises to be Free of Insects and Rodents
§ 241.10 Animals Prohibited
§ 241.11 Walls, Ceilings, Floors; Light and Ventilation
§ 241.12 Water Supply
§ 241.13 Sanitary Facilities
§ 241.14 Equipment and Utensils
§ 241.15 Wastes
§ 241.16 Living and Sleeping Quarters
§ 241.17 Offensive Substances and Odors
§ 241.18 Reserved
§ 241.19 Transportation
§ 241.20 Display
§ 241.21 Licensing Outdoor Restaurants: Procedure and Fee
§ 241.22 Adulterated or Misbranded Food
§ 241.23 Cleanliness of Food Handlers
§ 241.231 Sale of Irradiated Foods - Repealed
§ 241.232 Perishable food labeling - Repealed
§ 241.24 Adulterated or Misbranded Drugs or Cosmetics
§ 241.25 Vending Machines
§ 241.26 Sources of Poultry and Game
§ 241.27 Sale of Poultry by Weight
§ 241.28 Inspections Required
§ 241.29 Standards for Hamburg or Hamburger
§ 241.30 Standards for Ground Beef, Ground Steak, Ground Chuck, Chopped Beef, Chopped Steak, etc.
§ 241.31 Standards for Pork Sausage and Breakfast Sausage
§ 241.32 Enforcement Requiring Extra Services; Costs
§ 241.33 Perishable Food Labeling
§ 241.34 Safe Food Sanitation Standards
§ 241.35 Categories and Fees
§ 241.36 Mobile Food Shops - Location Permits; Fee
§ 241.37 Mobile Food Shops - Location Restrictions
§ 241.38 Mobile Food Shops - Regulations
§ 241.39 Standards for Pork Sausage and Breakfast Sausage - Repealed
§ 241.40 Enforcement Requiring Extra Services; Costs - Repealed
§ 241.42 Foods Containing Industrially-Produced Trans Fat Restricted
§ 241.43 Beverages Offered with Children's Meals
§ 241.99 Penalty
CHAPTER 243 - OHIO UNIFORM FOOD SAFETY CODE
CHAPTER 245 - FROZEN DESSERTS
TITLE V: AIR POLLUTION CONTROL
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 241.29 Standards for Hamburg or Hamburger
   (a)   As used in this chapter, “hamburg” or “hamburger” means comminuted fresh or fresh frozen skeletal beef, with or without the addition of beef fat as such, containing not more than a total of thirty percent (30%) beef fat or suet, as determined by chemical analysis.
   (b)   No person, firm, partnership, corporation or association shall display, sell or offer for sale any hamburg or hamburger containing excessive fat, added chemicals, preservatives, coloring matter or any other matter than beef, beef fat or suet, except that salt, pepper and other seasoning may be added in condimental proportions.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
§ 241.30 Standards for Ground Beef, Ground Steak, Ground Chuck, Chopped Beef, Chopped Steak, etc.
   (a)   As used in this chapter, “ground beef,” “ground meat,” “ground steak,” “ground chuck,” “chopped beef,” “chopped steak,” and similar comminuted beef products means comminuted fresh or fresh frozen skeletal beef, without the addition of beef fat as such, containing not more than a total of thirty percent (30%) beef fat, or suet as determined by chemical analysis.
   (b)   No person, firm, partnership, corporation or association shall display, sell or offer for sale any ground beef, ground meat, ground steak, ground chuck, chopped beef, chopped steak and similar comminuted beef products containing excessive fat, added chemicals, preservatives, coloring matter or any other matter, except that salt, pepper and other seasoning may be added in condimental proportions.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
§ 241.31 Standards for Pork Sausage and Breakfast Sausage
   (a)   As used in this chapter, “pork sausage” means comminuted fresh or smoked pork with fat content not more than fifty percent (50%) either in casing or bulk, with or without the addition of seasoning. “Breakfast sausage” shall be composed of fresh or cured meat and fresh fat, with a fat content not more than fifty percent (50%). It may be derived from trimmings of beef, pork, veal, lamb or mutton. It may be seasoned and smoked.
   (b)   No person, firm, partnership, corporation or association shall display, sell or offer for sale any pork sausage or breakfast sausage which contains excessive fat or which contains preservative.
   (c)   When comminuted meat contains any pork, it shall be labeled as containing pork.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
§ 241.32 Enforcement Requiring Extra Services; Costs
   Whenever the enforcement of the provisions of this chapter requires extraordinary services, the person, firm or corporation requesting such extraordinary services shall pay the cost of such services as determined by the Department of Public Health.
(Ord. No. 210-11. Passed 4-25-11, eff. 4-25-11)
§ 241.33 Perishable Food Labeling
   (a)   “Person” means any individual, partnership, partner, firm, company, corporation, association or any other legal entity, or their legal representatives, assigns, employees or successors.
   (b)   “Perishable food” means any food which has not been frozen, canned or dried, and which has not been prepared by the seller of the food for human consumption without further preparation or cooking.
   (c)   No person shall sell or offer for sale to another person in the City of Cleveland, for human consumption, perishable food:
      (1)   If the perishable food is marked by a sell-by-date, later than six (6) months after said sell-by- date; or
      (2)   If the perishable food is marked by a sale expiration date, later than said sale expiration date.
   (d)   No person shall sell or offer for sale to another person in the City of Cleveland, for human consumption, perishable foods which at one time were marked with a sell-by-date or sale expiration date, if such sell- by-date or sale expiration date has been falsified, removed, concealed, altered, defaced or erased.
   (e)   No person shall sell or offer for sale to another person in the City of Cleveland, for human consumption, perishable food which had at one time been frozen unless a sign has been conspicuously posted which states that the food had been previously frozen and unless the words “PREVIOUSLY FROZEN” appear on all labels and signs on which the price for the food is listed in lettering no less than one- half (1/2) the size of the price. As used in this division, “conspicuously posted sign” means a sign no less than two (2) feet by two (2) feet in size and visible to customers.
   (f)   Nothing in this section shall limit or alter the prohibitions and requirements regarding adulterated or misbranded food.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
§ 241.34 Safe Food Sanitation Standards
   The definitions and standards for safe sanitation in retail food establishments and food service operations shall be any established as the Ohio Uniform Food Safety Code, promulgated by The Ohio Director of Agriculture and Ohio Public Health Council pursuant to RC 3717.05.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
§ 241.35 Categories and Fees
   (a)   Each application to the Commissioner of Assessments and Licenses for a food service operation license required under RC 3717.43, or for a retail food establishment license required under RC 3717.23 shall be accompanied by a combined license and inspection fee as follows:
      (1)   Commercial food service operations and retail food establishments less than twenty-five thousand (25,000) square feet of floor space:
 
2024
Risk Level
Fee
Level I
$230.00
Level II
$256.00
Level III
$476.00
Level IV
$598.00
 
 
2025
Risk Level
Fee
Level I
$216.00
Level II
$240.00
Level III
$434.00
Level IV
$544.00
 
      (2)   Commercial food service operations and retail food establishments greater than twenty-five thousand (25,000) square feet of floor space:
 
2024
Risk Level
Fee
Level I
$324.00
Level II
$340.00
Level III
$1,164.00
Level IV
$1,234.00
 
 
2025
Risk Level
Fee
Level I
$300.00
Level II
$314.00
Level III
$1,048.00
Level IV
$1,110.00
 
      (3)   Non-commercial food service operations and non-commercial retail food establishments less than twenty-five thousand (25,000) square feet of floor space:
 
2024
Risk Level
Fee
Level I
$115.00
Level II
$128.00
Level III
$238.00
Level IV
$299.00
 
 
2025
Risk Level
Fee
Level I
$108.00
Level II
$120.00
Level III
$217.00
Level IV
$272.00
 
      (4)   Non-commercial food service operations and non-commercial retail food establishments greater than twenty-five thousand (25,000) square feet of floor space:
 
2024
Risk Level
Fee
Level I
$162.00
Level II
$170.00
Level III
$582.00
Level IV
$617.00
 
 
2025
Risk Level
Fee
Level I
$150.00
Level II
$157.00
Level III
$524.00
Level IV
$555.00
 
   (b)   The risk level categories described herein shall have the meaning established in any rules promulgated under RC Chapters 3715 and 3717.
(Ord. No. 1143-2024. Passed 10-28-24, eff. 10-30-24)
§ 241.36 Mobile Food Shops – Location Permits; Fee
   (a)   Permit Required. No vendor shall sell, offer for sale, or display food items from a vending device without first obtaining a permit from the Commissioner of Assessments and Licenses for the location upon which the vendor conducts a mobile food shop.
   (b)   Application. An application for a permit under this section shall be made upon a form prescribed by the Commissioner, and contain the following:
      (1)   The vendor’s name, address, and food shop license number;
      (2)   Tax identification number;
      (3)   A description of the food cart, food truck or other vending device from which the applicant intends to vend, including the dimensions of the cart, truck or device;
      (4)   A description of the items to be offered for sale;
      (5)   A copy of the vendor’s food shop license;
      (6)   A certificate of insurance, or an acknowledgment thereof, by an insurance carrier licensed to do business in this state, evidencing comprehensive general liability coverage in the amount of one hundred thousand dollars ($100,000.00), to protect against damage to property and/or persons resulting from the operation of the mobile food shop;
      (7)   The location(s) for which a permit is sought, including for locations on:
         A.   Public sidewalks outside of the Central Business District within the City, the ward(s) in which the mobile food shop intends to operate;
         B.   Public sidewalks inside the Central Business District within the City, an approved sidewalk occupancy permit issued by the Office of Capital Projects under Chapter 508;
         C.   Private property within the City not owned by the applicant, a notarized document evidencing the vendor’s right to operate on the property;
         D.   Public streets within the City, the ward(s) in which the mobile food shop intends to operate;
      (8)   An application fee of one hundred dollars ($100.00); and
      (9)   Any other information as the Commissioner may require.
   (c)   Issuance. Upon receipt of an application in compliance with division (b) of this section, the Commissioner shall notify the City Councilmember(s) in whose ward(s) the mobile food shop intends to operate. The Commissioner shall issue a permit authorizing the use of locations for those ward(s) of the City Councilmember(s) so notified, unless within fifteen (15) days of receipt of notification an objection or comment is received by the Commissioner. If the notification to the Commissioner is in the nature of a comment rather than an objection, then the Councilmember(s) shall have an additional fifteen (15) days in which to submit an objection. An applicant may appeal any denial to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten (10) days from the date of the written decision of the Commissioner.
   (d)   Permitted Use. Upon receipt of a permit under this section, the permitee may operate in those locations and wards designated on the permit in compliance with the regulations contained in Sections 241.37 and 241.38.
   (e)   Expiration. The permit issued under this section shall expire on the 15th day of April each year, unless renewed.
   (f)   Revocation. The Commissioner of Assessments and Licenses may suspend or revoke any permit granted under this section on basis of a violation of this chapter.
(Ord. No. 199-15. Passed 3-2-15, eff. 3-3-15)
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