Additional users of establishment
- • fees
- • rules
(1) The State Department of Agriculture may issue licenses under ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) to one or more additional users of a food establishment that is licensed primarily for operation by another person. A license issued to an additional user of the food establishment shall cover all operations at that establishment by the person licensed. Regardless of the number of persons licensed to use a food establishment, the department may not recognize more than one person as the primary operator of the establishment.
(2) The department may assess a license fee to an additional user of a food establishment, calculated as provided in rules adopted under ORS 616.706 (Licenses). In calculating license fees as provided under ORS 616.706 (Licenses), the gross sales for an additional user of the food establishment are independent of the gross sales by any other user or the primary operator of the food establishment.
(3) Notwithstanding ORS 616.706 (Licenses), the department may adopt rules to establish the license expiration, renewal and application dates for additional users of a food establishment.
(4) The department may adopt rules to determine the responsibilities of a food establishment’s primary operator and additional users of the food establishment under ORS 616.700 (Department to enforce sanitation requirements for food and food establishments), 616.735 (When insanitary conditions exist) and 616.740 (Condemnation where insanitary conditions exist).
(5) A recognized primary operator of a food establishment shall notify the department upon the expiration or termination of the rental or lease of the food establishment by an additional user of the establishment. The renting or leasing of a food establishment to a person licensed by the department as an additional user of the establishment or the expiration or termination of use by a person licensed as an additional user of the establishment does not, by itself, constitute the ceasing or discontinuance of operations or business at the food establishment by the primary operator or another additional user for purposes of ORS 616.706 (Licenses).
(6) Subsections (1) to (5) of this section do not apply to a food establishment located in an area that is part of a domestic kitchen. [2007 c.645 §5; 2012 c.64 §21]
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