3701-35-02 License.

(A) No person shall operate or maintain a marina without a license issued by the board of health of the health district in which such marina is located.

(B) During the month of March, every person proposing to operate an existing marina shall apply for and obtain a license to operate such marina from the board of the health district in which the marina is located. Upon sale or disposition of a marina, a licensee may, upon consent of the licensor, have the license transferred to another person. A license may not be transferred more than once.

(C) Written application for a license shall be submitted to the licensor on an application form prescribed by the director. Each license issued shall be effective from the first day of April, or if issued after April first, from the date the license was issued, through the last day of March of the following year.

(D) Any fee for the license required by this rule shall be determined in accordance with section 3709.09 of the Revised Code.

(1) In determining the amount of the license fee, the health district shall use the categories established by rule 3701-35-021 of the Administrative Code and the cost methodology established by rule 3701-35-022 of the Administrative Code. The license fee shall include forty dollars for each license issued to a marina after December 31, 2004, fifty dollars for each marina license issued after December 31, 2007, and sixty dollars for each marina license issued after December 31, 2009, which shall be collected and transmitted by the health district to the director of health for deposit in the general operations fund created in section 3701.83 of the Revised Code and shall be used by the director to administer and enforce sections 3733.21 to 3733.30 of the Revised Code and this chapter.

(2) The portion of any fee retained by the health district shall be paid into the special fund created by section 3733.25 of the Revised Code in each health district and shall be used only by the board for the purpose of administering and enforcing section 3733.21 to 3733.30 of the Revised Code and this chapter.

HISTORY: Eff 4-5-75; 8-31-90 (Emer.); 12-7-90; 10-31-93; 6-24-94; 12-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3733.22, 3733.25

Rule amplifies: RC 3709.09, 3733.21 to 3733.30

R.C. 119.032 review dates: 06/04/2004 and 08/01/2009