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(a) As used in this chapter:
(1) "Food shop" applies to "retail food establishment" and "food service operation", as those terms are defined in RC Chapter 3717.
(2) "Mobile food shop" means a "mobile retail food establishment" or "mobile food service operation", as those terms are defined in RC Chapter 3717.
(3) "Vendor" means a mobile food shop or a person operating a mobile food shop.
(4) "Food item" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. Food includes ice, water or any other beverage, food ingredients, and chewing gum.
(5) "Street" means street, alley, highway, roadway, or avenue.
(6) "Vending device" means a container for the sale, display or transport of food items by a vendor.
(7) "Mobile food shop manager" means the individual or individuals with primary responsibility and authority for operating a mobile food shop.
(8) "Trailer" means an unpowered flatbed vehicle towed by another.
(9) "Central Business District" means the area defined inSection 325.12.
(10) "Community event" or "special event" means a community based organization event specifically granted use of streets and sidewalks within a specifically defined area for a period of time not exceeding ten (10) days.
(11) "Sidewalk" means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line.
(12) "Street" means street, alley, highway, roadway, or avenue.
(13) "Unobstructed walk" means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions.
(14) "Operator" means a vendor.
(15) "Commercial Activity" is defined as any activity which is conducted as part of the commercial establishment.
(16) "Public Health Information Sign" means the placard (white, yellow, or red) that is issued by Cleveland Department of Public Health to the license holder following a standard health or safety inspection which shall designate whether the license facility is inspected and in compliance, or in the enforcement process.
(b) The definitions contained in RC Chapters 3715 and 3717 pertaining to the administration and enforcement of food safety programs are adopted and incorporated by the City of Cleveland as if set forth herein.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)
(a) The definitions and standards of identity, the standard of quality, the standard of fill of container and the labeling requirements for any food sold or manufactured in the City shall be those established for interstate commerce by the United States Food and Drug Administration and Ohio Department of Agriculture.
(b) Unless otherwise specified in this chapter, the definitions and standards of identity and the labeling requirements for meat, meat by-products and meat food products sold or manufactured in the City shall be those of the Ohio Department of Agriculture.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
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. 2025-2000. Passed 12-18-00, eff. 12-27-00)
(a) No food shop shall be operated without the person, firm, association, or corporation conducting the business first applying for and obtaining an annual license. All fees and charges assessed under this section shall be paid to the Commissioner of Assessments and Licenses.
(b) The provisions of RC Chapters 3715 and 3717 pertaining to the licensing, administration and enforcement of food safety programs by the local licensing authority are adopted and incorporated herein by the City of Cleveland.
(c) The holder of a food service operation license as defined by state law shall not be required to obtain a retail food establishment license except when the activities of a retail food establishment and a food service operation are carried on within the same facility by the same person or entity, then the determination of what license applies shall be made according to the primary business of the person or entity as determined by the licensor, the City of Cleveland Director of Public Health, as described in RC 3717.44.
(d) Each application to the Commissioner of Assessments and Licenses for a mobile food service operation license required under RC 3717.43 shall be accompanied by a combined license and inspection fee as follows:
2024 | |
Risk Level | Fee |
FSO Mobile | $360.00 |
RFE Mobile (High Risk) | $360.00 |
RFE Mobile (Low Risk) | $180.00 |
2025 | |
Risk Level | Fee |
FSO Mobile | $376.00 |
RFE Mobile (High Risk) | $376.00 |
RFE Mobile (Low Risk) | $188.00 |
(e) Each application to the Commissioner of Assessments and Licenses for a vending food service operation license required under RC 3717.43 shall be accompanied by a combined license and inspection fee as follows:
2024 | |
Risk Level | Fee |
Vending | $17.40 |
2025 | |
Risk Level | Fee |
Vending | $17.80 |
(f) Each application to the Commissioner of Assessments and Licenses for a temporary commercial food service operation and temporary non-commercial food service operation license required under RC 3717.43 shall be accompanied by a combined license and inspection fee as follows:
2024 | |
Risk Level | Fee |
5-day temporary | $110.00 |
5-day temporary (non-commercial) | $55.00 |
2025 | |
Risk Level | Fee |
5-day temporary | $120.00 |
5-day temporary (non-commercial) | $60.00 |
(g) The Commissioner of Assessments and Licenses may also collect fees for collection and bacteriological examination of samples taken from a food shop in an amount equal to the cost of such collection and examination as determined by the Director of Public Health.
(h) Except for plans pertaining to mobile or temporary food service operations or vending devices, the Commissioner of Assessments and Licenses shall collect fees in the amounts stated below, for plan reviews of food shops prior to submission of plans to the Department of Public Health:
2024 Plan Review Fee | Commercial | Non-Commercial |
New Operations | $500.00 | $250.00 |
Extensive Alteration | $250.00 | $125.00 |
2025 Plan Review Fee | Commercial | Non-Commercial |
New Operations | $500.00 | $250.00 |
Extensive Alteration | $250.00 | $125.00 |
(i) The Commissioner of Assessments and Licenses shall submit all applications for a food shop license to the Director of Public Health for approval or disapproval of the application.
(j) The Commissioner of Assessments and Licenses is authorized to collect license fees for retail food establishments and food service operations and deposit the fees into a fund created under RC 3717.25 and 3717.45.
(k) For purposes of this section, non-commercial organizations are defined as organizations such as churches, or non-profit organizations operated exclusively for charitable purposes as defined in RC 5739.02(B)(12), provided that displayed foods are not displayed for more than seven (7) consecutive days or more than fifty-two (52) separate days per year.
(l) For a food service operation, a penalty of twenty five percent (25%) of any license fee required by this section must be paid before the issuance of the license if the required license fee is not paid on or before the date it is due.
(Ord. No. 1143-2024. Passed 10-28-24, eff. 10-30-24)
(a) The Director of Public Health may suspend or revoke a food license upon determining that the license holder is in violation of any requirement of RC Chapter 3717 or the rules adopted thereunder, which are applicable to retail food establishments and food service operations, including a violation evidenced by the documented failure to maintain sanitary conditions within the operation.
(b) Except in the case of a violation that presents an immediate danger to the public health, prior to initiating an action to suspend or revoke a food license, the Director of Public Health shall give the license holder written notice specifying each violation and a reasonable time within which each violation must be corrected to avoid suspension or revocation of the license. The Director of Public Health, and/or authorized employee, may extend the time specified in the notice for correcting a violation if the license holder, in the sole discretion and determination of the Director of Public Health, is making a good faith effort to correct the alleged violation. If the license holder fails to correct the violation in the time granted by the Director of Public Health, and/or authorized employee, the Director of Public Health, and/or authorized employee, may initiate an action to suspend or revoke the food license by giving the license holder written notice of the proposed suspension or revocation.
(c) In the case of a violation that presents an immediate danger to the public health, the Director of Public Health may issue an immediate order of suspension or revocation of a food license without giving written notice or affording the license holder the opportunity to correct the violation.
(d) The license holder may appeal the proposed suspension or revocation of a food license or the immediate order of suspension or revocation of a food license as provided in RC 3717.29 and 3717.49 and in conformance with the rules of procedure adopted thereunder. In such cases, the Director of Public Health is charged with presiding over the hearing and is authorized to render a decision denying, suspending or revoking a license, or rendering a decision to dissolve or continue an issued suspension. A food license can be suspended for a period up to thirty (30) days.
(e) A mobile food shop permit issued under Section 241.36 may be suspended or revoked by the Commissioner of Assessments and Licenses for violations of Sections 241.37 and/or 241.38. The permittee or applicant may appeal a suspension, revocation, or disapproval of a permit to the Commissioner of Assessments and Licenses within twenty (20) days of the date of notice of suspension, revocation, or disapproval. The permittee or applicant may appeal the Commissioner's decision 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.
(f) If a food license has been revoked due to a violation of any of the laws set forth in this chapter, then such food shop may not reapply for a license or permit to operate such a business at the same location for a period of six (6) months after the date of revocation.
(Ord. No. 507-15. Passed 7-22-15, eff. 7-27-15)
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