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adulteration or misbranding of any such product unless such product is still in the original unbroken package at the lime it is seized or
<br />collected by officials in charge ofthe enforcement ofthis Sanitary Code.
<br />The tens "original unbroken package" as used above means the original package, carton, case, can, box, barrel, bottle, phial or
<br />other receptacle put up by the manufacturer, [o which the label is attached, or which may be suitable far the attachment of a Zabel, making
<br />one complete package ofthe food or drug article. The original package contemplated includes both the wholesale and the retail package.
<br />Whenever a sample of any food or food product is seized or wllected by or at the instance of the official charged with the
<br />enforcement ofthis Sanitary Cade, for the use as evidence in any prosecution brought up for the misbranding or adultemtion of such
<br />sample, a portion of any such sample,. except if the same is perishable, shall be retained by the official charged with the enforcement of
<br />this Sanitary Code and shall be delivered on request to the manufacturer, wholesaler or dealer charged with the adulteration or
<br />misbranding of [he sample in question.
<br />1749.27 VIOLATION.
<br />No person, firm or corporation shall prepare, manufacture, sell, keep for sale, deliver or suffer or permit to be prepared,
<br />manufactured, sold, kept for sale or delivered any dmg or Food that is adulterated or misbranded or that in any way or manner violates the
<br />provisions ofthis chaplet
<br />CHAPTER 1751
<br />Licensing of Places Where Food is Prepared, Stored or Sold
<br />1751.01 LICENSE REQUIRED.
<br />No bakery, confectionery, cannery, packing house, candy factory, ice.cream factory, grocery, meat market, sausage factory,
<br />delicatessen store, or any basket, wagon or other vehicle, hand steamer or street stand, or other place in which food is prepared,
<br />produced, manufacmred, packed, stored or sold, shall be operated or permitted to be operated, unless the owner, lessee or other person
<br />having control thereof, or operating the same, shallhave first applied for and obtained the required license as hereinafter provided, which
<br />license shall expire not later than the calendar year for which it was issued, irsespective~of [he date of its issuance, and shall not be
<br />transferable. Whenever the interest of such licensee in the business, for the operation of which the license was issued, shall cease, such
<br />license shall immediately become void, provided, however, that upon the death of a licensee, the license shall nevertheless be valid for
<br />thirty days from the date of death in favor ofthe legal representatives ofthe licensee, or of the person or persons to whom such business
<br />passes bylaw, but in no case shall such thirty days extend such license beyondthe end ofthe calendar year far which it was issued.
<br />1751.02 AATPROOFING.
<br />No license shall be issued for the conduct of any ofthe businesses set forth in Section 1751.01 at any location unless and until
<br />the place where such business is to be conducted has been determined by the official charged with the enforcement ofthis Sanitary Code
<br />to be ofmtproof constmcLon or to have been rendered ratproof
<br />1751..03 EMPLOYMENT OF PERSONS WITH COMMUNICABLE AND
<br />VENEREAL DISEASES.
<br />No person, Erm or corporation owning or conducting any place where food is prepared, cooked, mixed, baked, exposed,
<br />bottled, packed, handled, stored, manufactured, offered for sale or sold shall knowingly employ any person who is affected with any
<br />communicable disease or with any venereal disease in a communicable form to work in any suchplace controlled, owned or operated by
<br />such person, firm or corporation. Whenever required by the official charged with the enforcement of this Sanitary Code, any person
<br />employed in such place shall submit to a physical examination by a medical inspector ofthe Division of Public Health. No person who
<br />refuses to submit to such examination shall work or be permitted to work in any such place, with the provision, however, that if any
<br />person affected or believed to be affected with such commmicable or venereal disease above described shall furnish a certificate from a
<br />reputable, legally qualified physician of Cuyahoga County, satisfactory to the Division of Public Health, stating that he is not affected
<br />with any such disease, then such person shall not be required to submit to such examination as is herein provided.
<br />1751.04 APPLICATION FOR LICENSE.
<br />Every application for a license required by this chapter, except for food service operations as provided in Section 1751.10,
<br />shall be on a form approved by the Commissioner of Health, and shall state the name and address ofthe applicant, the nature and extent
<br />of his interest in the business for which the license is desired, and, if the applicant is not the owner ofthe business, then the application
<br />shall also state the name and address of such owner The application shall also state the location of [he business, unless Ne application is
<br />for a peddling or vending business, for which the license is desired, together with such other information as may be required by the
<br />Commissioner of Health, The application shall be accompanied by a fee of fifteen dollars ($15 00) for each business or vehicle for which
<br />the license is desired.
<br />1751.05 INSPECTION.
<br />The official charged with [he enforcement ofthis Sanitary Code shall have the right and is hereby empowered and directed to
<br />enter Arid examine the premises of any bakery, confectionery, cannery, packing house, candy factory, ice cream factory, restaurant, hotel,
<br />coffee house, chop house, tea room, grocery, meat market, sausage factory, delicatessen store or other place in which food is prepared,
<br />produced, manufacured, packed, stored or served for sale, or any basket, wagon or other vehicle, hand steamer or street stand from
<br />which food is vended or peddled.
<br />1751.06 ISSUANCE OF LICENSE.
<br />The official charged with the enforcement ofthis Sanitary Code shall issue to the Director of Finance an order to grant to the
<br />applicant an operating license for the operation on the premises ofthe business described in the application, for which a license is
<br />desired, if such premises has been found after a thorough inspection to comply in all respects with the provisions ofthis Sanitary Code
<br />and of all laws and ordinances applicable [o such business and premises.
<br />1751.07 FORM OF LICENSE.
<br />The Director of Finance shall, upon the issuance of him of such order for license, grant to the applicant an operating license,
<br />which operating license shall clearly specify the name and address ofthe person to whom it is issued, and, in addition, if such person is
<br />other than the owner, the name and address of such owner and his agent, if any, and, unless the application is for a peddling or vending
<br />business, the location ofthe business for which the license is granted. The License shall also specify the date of its expiration and such
<br />other information as the official charged with the enforcement ofthis Sanitary Code shall prescribe,
<br />1751.06 RECORD OF LICENSE.
<br />The Director of Finance shall keep a public record of all licenses issued under the provisions of this chapter
<br />1751.09 REVOCATION OF LICENSE.
<br />The official charged with the enforcement of this Sanitary Code shall have the power to revoke any license if the premises upon
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