1711.02 COMPLIANCE PROCEDURES; PERMIT TO OPERATE.
   (a)   No person, partnership, corporation, association or other legal entity shall operate a food establishment in the Springfield City Health District without a permit from the Board of Health. Such permit shall be displayed in a conspicuous place in the food establishment.
 
   (b)   Prior to conducting a food establishment operation in the City Health District, every person, partnership, corporation, association or legal entity shall procure a permit to operate a food establishment from the Board of Health and shall renew the permit on or before the first day of July each year. If a permit fee is not received by the licensor on or before the date it is due, an additional processing fee of twenty-five percent (25%) of any such fee shall be imposed and paid. However, a seasonal food establishment as determined by the Board of Health, that operates no longer than forty-five consecutive days a year may obtain or renew a permit at any time before it begins operation of a food establishment during the calendar year.
 
   (c)   An annual permit fee shall be levied upon each food establishment for the purpose of enforcing and paying the expense of inspections. The permit fee for a food establishment is defined as follows:
Permit Description
Fee
(1)
Seasonal food establishments (mobile or stationary, selling fruits and vegetables), operating no more than thirty consecutive days in a calendar year.
$ 30.00
(2)
Food establishments selling pre-packaged, nonperishable food only.
30.00
(3)
Food establishments selling all prepackaged    food items, including perishable foods.
52.50
(4)
Carnival and/or fair operations and roadside    stands (mobile or stationary) operating within the City for no more than thirty consecutive days and which are not covered under Ohio R.C. 3732.01, selling confections as such: cotton candy, snow cones, candy apples, popcorn, sugar waffles, peanuts, soft ice cream, etc.
30.00
(5)
Non-seasonal food establishments selling fruits and vegetables.
52.50
(6)
Food establishments that package or dispense candy, peanuts, ice cream and other confectionery items.
52.50
(7)
Warehouses storing packaged food and/or beverages for distributing.
35.00
(8)
Wholesale fruit and produce distributors.
$ 52.50
(9)
Food establishments of less than 2,500 square feet, selling all food items, including the packaging and handling of various raw food products.
75.00
(10)
Food establishments of 2,500 square feet or more, selling all food items, including the packaging and handling of raw food products.
150.00
(11)
Beverage plants and all general bakeries.
150.00
(12)
Non-profit organizations, churches, schools, fraternal or veteran organizations selling products for five or more consecutive days or not more than fifty-two times per year.
7.50
   (d)   If an operator in one category becomes involved in the sale or production of products from a higher category, the latter shall take precedence.
 
   (e)   The following operations are exempt from the provisions of this chapter:
      (1)   Milk-bread routes, when base of operations, where the product is placed in the vehicle, has been certified as inspected by the Health Department.
      (2)   Food services whose entire operation and management is regulated by the State of Ohio or by another state.
      (3)   Non-profit organizations, churches, schools, fraternal or veteran organizations selling products less than five consecutive days or less than fifty-two times per year.
 
   (f)   Each food operation at separate locations or at the same location, but leased or owned by different operators require separate permits.
 
   (g)   Suspension of permit. The Health Commissioner or an authorized representative may, upon written notice, without prior warning, notice, or hearing, suspend the permit to operate a food establishment, within the jurisdiction of the City Health District, if the operation constitutes an imminent hazard to the public health, such as an extended loss of water supply, adulterated foods, an extended power outage or sewage back-up into the establishment. When the permit is suspended, the food establishment shall suspend operations immediately.
 
   (h)   Revocation of food establishment permit.
      (1)   The Board of Health of the City Health District may, after providing the operator of a food establishment an opportunity for a hearing, revoke a permit for:
         A.   Violations as denoted in Section 1711.02(g); or
         B.   Repeated violations of this chapter, found in consecutive inspections; or
         C.   Interference with the Health Commissioner or an authorized representative in the performance of his duty.
      (2)   Before revocation, the Health Commissioner shall notify the holder of the permit to operate the food establishment, or the person in charge, in writing, of the reasons for which such permit is subject to revocation. The permit to operate the food establishment shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the Board of Health by the holder of the permit within such ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit to operate the food establishment becomes final.
 
   (i)   Service of notice. A notice provided for in this section is properly served when it is delivered to the holder of the permit to operate, the person in charge, or when it is sent by registered or certified mail, with return receipt requested, or posted on the premises of the food establishment. A copy of the notice shall be filed in the record of the City Health Department.
 
   (j)   Hearings. A hearing, as provided for in this section, shall be conducted by the Board of Health at a time and place so designated by the Board of Health. Any oral testimony given at a hearing shall be reported verbatim, and the Board of Health shall make provisions for sufficient copies of the transcript of such hearings. The Board of Health of the City Health District shall make a final decision based upon the complete hearing record and shall sustain, modify or rescind any notice or orders considered in the hearing. A written report of the final decision of the Board of Health, including the reason(s) for such decision, shall be furnished to all interested parties within ten days after date of hearing.
 
   (k)   Application of permit reinstatement. Whenever a permit to operate a food establishment within the City Health District has been revocated, the holder of such permit may make written application to the Board of Health for a new permit as provided for in Section 1711.02(b).
 
   (l)   Before approving an application to operate a food establishment within the City Health District, the Health Commissioner, or an authorized representative, shall inspect the proposed food establishment to determine compliance with all provisions of this chapter.
(Ord. 89-20. Passed 1-10-89.)