(A) A food service operation license may be transferred by the licensor under either of the following circumstances:

Terms Used In Ohio Code 3717.46

  • Food: includes ice, water or any other beverage, food ingredients, and chewing gum. See Ohio Code 3717.01
  • Food service operation: means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. See Ohio Code 3717.01
  • Government entity: means this state, a political subdivision of this state, another state, or a political subdivision or other local government body of another state. See Ohio Code 3717.01
  • Licensing period: means the first day of March to the last day of February of the next succeeding year. See Ohio Code 3717.01
  • Licensor: means one of the following:

    (1) A board of health approved under section 3717. See Ohio Code 3717.01

  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Temporary food service operation: means a food service operation that is operated at an event for not more than five consecutive days, except when operated for more than five consecutive days pursuant to division (E)(2) of section 3717. See Ohio Code 3717.01

(1) The sale or disposition of the food service operation;

(2) The relocation of the food service operation.

(B) A person or government entity may request to receive a food service operation license by transfer. A licensor may transfer a license only on determining that the person or government entity requesting the transfer is in compliance with the provisions of this chapter and the rules adopted under it applicable to food service operations. In the case of the sale or disposition of a food service operation, the license may not be transferred unless the licensee consents to the transfer. A license shall not be transferred more than once in a licensing period. Temporary food service operation licenses are not transferable.