(a) Definitions.
(1) "Food service operation" has the same meaning as in RC 3717.01.
(2) "Children's meal" means a combination of food items and a beverage that is prepared by and offered for purchase at a food service operation as a unit at a single price and is primarily intended for consumption by children.
(b) Beverage Limitation. No food service operation shall offer a children's meal that includes a beverage unless the beverage is:
(1) water, sparkling water, or flavored water, with no added natural or artificial sweeteners; or
(2) nonfat or one (1) percent milk or a non-dairy milk alternative containing no more than one hundred fifty (150) calories per container or serving as offered for sale; or
(3) One hundred percent (100%) fruit juice or fruit juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than eight (8) ounces.
(c) Exception. Upon customer's request, a food service operation may sell, and a customer may purchase, a substitute or alternative beverage instead of the beverages offered pursuant to division (b) of this section.
(d) Educational Material. The Director of Public Health or a designee shall make available educational material regarding the nutritional and health reasons to limit a child's consumption of sugared beverages.
(e) Civil Penalty.
(1) Any food service operation offering a children's meal that includes a beverage but that fails to limit the beverages offered in violation of division (b) of this section shall be given a warning on its first offense, and shall be charged a civil penalty of twenty-five dollars ($25.00) for the second offense and fifty dollars ($50.00) for a third and any subsequent offense. The Director of Public Health or a designee is authorized to charge and collect the civil penalties under this section.
(2) Any food service operation charged with a violation of division (b) of this section may appeal in writing to the Director of Public Health or designee within ten (10) days from the date of the civil charge. The Director shall have jurisdiction to affirm, reverse, or modify the decision and shall do so within thirty (30) days of the date of the appeal. A person aggrieved by a final decision of the Director may further appeal to the Board of Zoning Appeals within thirty (30) days after the Director's decision. Failure to file an appeal or pay the fines imposed within this time period shall constitute a waiver of the right to contest the charge and shall be considered an admission.
(3) The offering, by a food service operation on its written or posted menu, of a children's meal with the beverage limitation set forth in division (b) is prima facie evidence of compliance with this chapter.
(Ord. No. 524-2020. Passed 7-29-20, eff. 1-29-21)