(A) A licensor may transfer a retail food establishment license under either of the following circumstances:

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Terms Used In Ohio Code 3717.26

  • Food: includes ice, water or any other beverage, food ingredients, and chewing gum. 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
  • Retail: means the sale of food to a person who is the ultimate consumer. See Ohio Code 3717.01
  • retail food establishment: includes a mobile retail food establishment, seasonal retail food establishment, and temporary retail food establishment. See Ohio Code 3717.01
  • Temporary retail food establishment: means a retail food establishment 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 retail food establishment;

(2) The relocation of the retail food establishment.

(B) A person or government entity may request to receive a retail food establishment 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 retail food establishments. In the case of the sale or disposition of a retail food establishment, the licensor may transfer a license only if the licensee consents to the transfer. A licensor may not transfer a license more than once in a licensing period. A license for a temporary retail food establishment is not transferable.