(A) Issuance of licenses or permits; penalty fees.
(1) Prior to conducting a food service operation in this city, every person or governmental agency shall procure a license for the food service operation, and may obtain or renew its license at any time before it begins conduct of its food service operation during the licensing year. If a license fee, as prescribed by this chapter, is not received by the licensor on or before the date it is due, a penalty of 25% of any such fee shall be imposed and paid.
(2) Except as provided in this section, no food service operation shall be maintained and conducted in the Health District without such a license. A person or governmental agency that has received a license to operate a food service operation or a temporary food service operation, upon the sale or disposition of the food service operation or removal to a new location, may not have the license transferred. A person or governmental agency shall obtain a separate license for a temporary food service operation which it intends to operate, provided that no person or governmental agency shall operate temporary food service operations for more than 20 days, or parts of a day, in any year.
(B) License fees.
(1) Commercial. The fees for a commercial food service operation license, with or without a drive-through window, as defined in § 837.01, are as follows (This category includes churches and hospitals):
(a) Food service having, with or without a drive-through:
Seating Capacity | Fee |
0 - 24
|
$ 87
|
25 - 99
|
115
|
100 - 199
|
160
|
200 or more
|
195
|
(b) Mobile food service operators: $80 per unit;
(c) Vending machine: $18;
(d) Vending machine commissary: $18;
(e) Reviewing plans for food service operation: 50% of license fee;
(f) Water, food, miscellaneous samples: $10 per sample.
(2) Noncommercial. The annual license fee for noncommercial food service operators, which includes schools and nonprofit youth groups whose membership consists primarily of persons ages 18 or younger, and governmental operations, shall be $33. The entire license fee shall be retained by the licensor.
(3) Temporary. Temporary food services, as defined in § 837.01, shall be $1. In the case of a nonprofit youth group whose membership consists primarily of persons ages 18 or younger, the fee for a temporary food service is $1. The entire fee shall be retained by the licensor.
(C) State fees. The sum of $15 from each commercial food service license, and $4 from each vending license, shall be transmitted by the licensor to the Ohio Director of Health for deposit in the general operations fund created in Ohio R.C. 3701.83, and used for administration and enforcing Ohio R.C. Chapter 3732.
(D) License display requirement. A food service operation's current license shall be displayed in a conspicuous and public manner in the licensed place. A license may be cancelled by the licensor at any time for violation of any law covered by Ohio R.C. 3732.02 to 3732.08.
(E) License suspension or revocation.
(1) Whenever grounds exist for suspending or revoking a license, such suspension or revocation shall not take place until the licensor shall have first notified such licensee, calling specific attention to the infractions of Ohio R.C. 3732.03 through 3732.05, inclusive, or to the infractions of regulations adopted pursuant thereto, and affording a reasonable time and opportunity to correct the same. If such notice is not complied with, then the licensor may suspend or revoke such license.
(2) Any person, firm, association or corporation whose license has been suspended or revoked, or who has been refused the issuance of a license, shall have the right to an appeal as provided in Ohio R.C. 2506.01 through 2506.04, inclusive.
(F) Requirements, duties and standards.
(1) An annual license fee shall be levied upon each food service operation for the purpose of enforcing rules and paying the expense of the inspection program.
(2) It is hereby made a duty of the Reading Health Department to inspect or cause to be inspected and recorded, on a form prescribed by the Ohio Department of Health, at least once annually, every food service operation which comes within the provisions of Ohio R.C. 3732.02 through 3732.08, inclusive, for the purpose of having the right of entry thereto at any reasonable time.
(`82 Code, § 837.03) (Ord. 91-73, passed 6-18-91)