Except as otherwise provided in this section, no person may operate a food service facility without a license to do so from the Commissioner of Health.
A food service facility may operate without a license issued by the Commissioner of Health if it:is operated by an excluded organization; and
has, in accordance with <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.26|A.">COMAR 10.15.03.26A</cite>, elected to operate without a license and in compliance with the minimum food safety requirements of <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.26|B.">COMAR 10.15.03.26B</cite>-E.
A license may not be transferred from place to place or person to person.
City Code, 1976/83, art. 11, §165(b)(1)(1st sen.)
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An applicant for a license must:submit an application on the form that the Commissioner provides; and
pay the applicable processing fees.
In addition to any other information that the Commissioner requires, the application must contain building and installation plans and specifications.
City Code, 1976/83, art. 11, §165(c)(1st, 2nd, 4th(part) sens.)
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On receipt of an application, the Commissioner must inspect the food service facility to determine compliance with all applicable laws, rules, and regulations.
To determine the degree of risk that a food service facility poses for a food-borne disease occurrence, the Commissioner must assess each food service facility and classify it in one of the following priority assessment categories, as defined in <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.33">COMAR 10.15.03.33</cite>:high priority facilities, which are at high risk for a food-borne disease occurrence;
moderate priority facilities, which are at moderate risk for a food-borne disease occurrence; and
low priority facilities, which are at low risk for a food-borne disease occurrence.
City Code, 1976/83, art. 11, §165(a)5, (c)(3rd sen.)
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The Commissioner must issue a license to the applicant if:
the requirements of all applicable laws, rules, and regulations have been met; and
the applicant pays the applicable annual fee.
City Code, 1976/83, art. 11, §165(c)(4th sen.)
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While a license is in effect, it authorizes the operation of the food service facility in accordance with the approved plans and specifications.
City Code, 1976/83, art. 11, §165(b)(1)(2nd sen.(last cl.))
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No person may materially alter a food service facility (e.g., install new or additional equipment, make structural changes, or change the type of operation) without a permit to do so from the Commissioner.
The application for a permit under this section must be:submitted on the form that the Commissioner provides;
contain the information that the Commissioner requires; and
be accompanied by the applicable permit fee.
City Code, 1976/83, art. 11, §165(c)(parts)
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Unless sooner suspended or revoked, a license expires on the 1<sup>st</sup> anniversary of its effective date.
Before a license expires, the licensee periodically may renew it for an additional 1-year term, if the license holder:otherwise is entitled to a license;
submits a renewal application to the Commissioner, on the form that the Commissioner provides; and
pays the applicable annual fee.
City Code, 1976/83, art. 11, §165(b)(1)(2nd sen.(1st cl.)), (d)(5)(part)
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If a licensed food service facility is sold or otherwise transferred to a new owner, the new owner may apply for a short-term, provisional license to permit the continued operation of the facility pending the Commissioner’s inspection of the facility.
Unless sooner suspended or revoked:the term of a provisional license is 60 days; and
the license may be renewed for one additional 60-day term.
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