WHEREAS, the Oakwood Board of Health has heretofore adopted 2025 licensing fees for Non-Commercial Small Retail Food Establishments (RFEs) and Small Food Service Operations (FSOs), also known as licensing categories N1S, N2S, N3S, and N4S, and has likewise adopted licensing fees for Non-Commercial Temporary Food Operations, as provided under Ohio Revised Code Section 3717.07; and
WHEREAS, subsequent to the adoption thereof, the Ohio Departments of Health and Agriculture determined that fees for these non-commercial license categories were roughly, but not exactly, one-half of the commercial rate as required by OAC 901: 3-4-03 and OAC 3701-21-02.1, and must be adjusted to comply with state administrative regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF HEALTH OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, THAT:
Section I.
The existing 2025 fees for the licensing categories N1S, N2S, N3S, N4S and Non-Commercial Temporary Food are hereby repealed and replaced with fees as shown on the attached Exhibit A, which are calculated pursuant to the state-mandated cost methodology where applicable and are further calculated to be exactly one-half of the commercial rates as required by the Ohio Administrative Code. Exhibit A is hereby incorporated by this reference.
Section II.
This resolution is declared to be an emergency measure, and is adopted using the procedures for adopting an ordinance as an emergency measure within the City of Oakwood, in order to avoid any practical and legal entanglements caused by inadvertent non-compliance and to promote the public health, safety, and welfare. This resolution shall take effect immediately.
ADOPTED BY THE BOARD OF HEALTH OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, this 28th day of January, 2028.