CHAPTER 1822: FOOD SERVICE OPERATION
Section
1822.01   Fees for licensing of food service operations, mobile food service operations, temporary food service operations and retail food establishments; other fees.
1822.02   Fees for licensing of vending machine locations. (Repealed)
1822.03   Suspension or revocation of licenses; authority of Health Commissioner.
1822.04   Transfers.
1822.05   Fee for the certification in food protection course.
1822.99   Penalty.
CROSS REFERENCES
   Bakeries - see Ohio R.C. Ch. 911
   Canneries; soft drink bottling - see Ohio R.C. Ch. 913
   Pure food and drug law - see Ohio R.C. Ch. 3715
   Labeling of hazardous substances - see Ohio R.C. Ch. 3716
   Food service operations - see Ohio R.C. Ch. 3717
   Placing harmful substance or objects in food or confection - see GEN. OFF. 636.16
   Spreading contagion - see GEN. OFF. 660.02
   Smoking in places of public assembly - see GEN. OFF. 660.15
§ 1822.01 FEES FOR LICENSING OF FOOD SERVICE OPERATIONS, MOBILE FOOD SERVICE OPERATIONS, TEMPORARY FOOD SERVICE OPERATIONS AND RETAIL FOOD ESTABLISHMENTS; OTHER FEES.
   (a)   Fee schedule.
      (1)   The annual City license fee for food service operations and retail food establishments, as defined in Ohio R.C. Chapter 3717, classified by risk and size, as provided by regulations promulgated by the Public Health Council and the Director of Agriculture, shall be:
 
Commercial Less Than 25,000 sq. ft.
Non-Commercial Less Than 25,000 sq. ft.
Commercial 25,000 sq. ft. or More
Non-Commercial 25,000 sq. ft. or More
Level 1
$185.00
$92.00
$257.00
$129.00
Level 2
$206.00
$103.00
$270.00
$135.00
Level 3
$374.00
$187.00
$903.00
$452.00
Level 4
$467.00
$234.00
$956.00
$478.00
 
      (2)   The annual City license fee for mobile food service operations and mobile retail food establishments, as defined in the Ohio Revised Code, shall be ninety-five dollars ($95.00).
      (3)   The annual City license fee for temporary commercial food service operations and temporary commercial retail food establishments, as defined in the Ohio Revised Code, shall be thirty- nine dollars ($39.00) per day of the event. The City license fee for noncommercial temporary food service operations and noncommercial temporary retail food establishments shall be nineteen dollars and fifty cents ($19.50) per day of the event.
      (4)   The annual City license fee for vending machine locations, as defined in the Ohio Revised Code, shall be seventeen dollars and thirty-two cents ($17.32).
      (5)   The cost of a license for retail food establishments, mobile retail food establishments, temporary retail food establishments, temporary food service operations, vending, food service operations and mobile food service operations may include an amount in addition to the fees set forth above, to be determined by the Public Health Council and the Director of Agriculture, pursuant to the Ohio Revised Code.
      (6)   Any licensee who fails to file a renewal application, postmarked on or before March 1, 2016, with the appropriate license fee, shall be assessed a penalty fee in the amount of 25% of the City license fee, pursuant to Ohio R.C. 3709.09.
   (b)   Fee for collection and bacteriological examination of water samples and other fees. The fees charged under this section shall be in lieu of all food service operation, retail food establishment, micro market, license and inspection fees required by the Board of Health on or with respect to the operation of, ownership of or employment by food service operations and retail food establishments within the State, except that a fee will be charged for the collection and bacteriological examination of any necessary water samples taken from food service operations, and a fee of three hundred dollars ($300.00) for facility and equipment review. The fee for an expedited facility and equipment review fee shall be six hundred dollars ($600.00).
   (c)   Effective date. This section shall be effective December 1, 2019.
(Ord. 2000-3, passed 12-12-2000; Am. Ord. 2002-003, passed 1-14-2003; Am. Ord. 2003-005, passed 12-9-2003; Am. Ord. 2004-004, passed 11-9-2004; Am. Ord. 2005-003, passed 11-8-2005; Am. Ord. 2007-006, passed - - ; Am. Ord. 2008-002, passed 11-11-2008; Am. Ord. 2009-001, passed 11-10-2009; Am. Ord. 2010-002, passed 11-9-2010; Am. Ord. 2011-004, passed 11-8-2011; Am. Ord. 2012-001, passed 11-13-2012; Am. Ord. 2014-001, passed 11-11-2014; Am. Ord. 2015-004, passed 9-8-2015; Am. Ord. 2019-003, passed 11-12-2019)
§ 1822.02 FEES FOR LICENSING OF VENDING MACHINE LOCATIONS. (REPEALED)
Editor's note:
   Section 1822.02 was repealed by Ord. 2010-002, passed November 9, 2010. See § 1822.01.
§ 1822.03 SUSPENSION OR REVOCATION OF LICENSES; AUTHORITY OF HEALTH COMMISSIONER.
   (a)   The City Health Commissioner is hereby authorized to take action that may be taken by the Board of Health as licensor under Ohio R.C. 3717.29(D)(1) for retail food establishments and Ohio R.C. 3717.49(C)(1) for food service operations, regarding the suspension or revocation of licenses to operate retail food establishments or food service operations issued in accordance with Ohio R.C. Chapter 3717.
   (b)   The City Health Commissioner and any registered sanitarian of sanitarian-in-training employed by the Board is hereby authorized to take action that may be taken by the Board of Health as licensor under Ohio R.C. 3717.29(C)(1) for retail food establishments and Ohio R.C. 3717.49(B)(1) for food service operations, regarding the suspension or revocation of licenses to operate retail food establishments or food service operations issued in accordance with Ohio R.C. Chapter 3717.
(Ord. 96-001, passed 7-9-1996; Am. Ord. 99-002, passed 10-12-1999; Am. Ord. 2003-002, passed 6-10- 2003; Am. Ord. 2003-003, passed 6-10-2003; Am. Ord. 2020-01, passed 5-12-2020; Am. Ord. 2020-02, passed 5-12-2020)
§ 1822.04 TRANSFERS.
   It is the policy of the Middletown Board of Health and Environment to discontinue the transfer of licenses and to issue licenses and charge the appropriate fees to retail food establishments and food service operations under either of the following circumstances:
   (a)   The sale or disposition of the retail food establishment or food service operation; or
   (b)   The relocation of the retail food establishment or food service operation.
(Ord. 2003-011, passed 11-11-2003)
§ 1822.05 FEE FOR THE CERTIFICATION IN FOOD PROTECTION COURSE.
   There is hereby established a fee for a level one certification in food protection course for food handlers employed in food service operations and food establishments. The amount of the fee will be thirty dollars ($30.00) as established by the Middletown Board of Health and Environment in accordance with Ohio Administrative Code Section 3701-21-25.
(Ord. 2010-001, passed 3-9-2010; Am. Ord. 2014-002, passed 11-11-2014)
§ 1822.99 PENALTY.
   Whoever violates or fails to comply with any of the provisions of this chapter shall be subject to the penalties provided in the Ohio Revised Code.
(Ord. 2000-3, passed 12-12-2000)