UF eae 
 
 PRT? 
 ee an ae 
 
 EH 
 COLUMBUS, OHIO: 
 THE F. J. HEER PRINTING CO. 
 1925. 
 
 Bound at State Bindery. 
 
LAWS 
 
 Providing for Inspection and Licensing of 
 Hotels and Restaurants 
 
 (General Code of Ohio) 
 
 Sec. 843. There is hereby created in the 
 department of the state fire marshal of the 
 state of Ohio a division of said department 
 to be known as the hotel division, and to be 
 administered as hereinafter set forth. The 
 State fire marshal is hereby authorized and 
 required to make such rules and regulations 
 As are necessary to carry out the provisions 
 of this act. With his deputies and assistants 
 he shall enforce the provisions herein set 
 forth. He shall give a bond to the state in 
 such amount as may be fixed by the Governor. 
 
 Hotel Defined 
 
 Sec. 843-1. Every building or other struc- 
 ture kept, used, maintained, advertised or 
 held out to the public to be a place where 
 od is served and sleeping accommodations 
 ire offered for pay to transient guests, in 
 hich five or more rooms are used for the 
 
 a ~ (1) 
 
accommodation of such guests, and having one 
 or more dining rooms or cafes where meals 
 or lunches are served to such transient guests, 
 such sleeping accommodations and dining 
 rooms being conducted in the same building 
 or in buildings in connection therewith, and 
 every building or other structure kept, used, 
 maintained, advertised or held out to the pub 
 lic to be a place where sleeping accommoda- 
 tions are offered for pay to transient guests, 
 in which five or more rooms are used for the 
 accommodation of such guests, shall, for the 
 purpose of this act, be deemed a hotel. 
 
 Restaurant Defined 
 
 Sec. 843-2. Eyery building or other struc- 
 ture kept, used, maintained, advertised or held 
 out to the public to be a place where meals 
 or lunches are served for consideration, with- 
 out sleeping accommodations, shall, for the 
 purpose of this Act, be defined to be a 
 restaurant. 
 
 Must Be Licensed 
 Sec. 848-8. On or before May first, nine- 
 teen hundred and twenty and the first day of 
 January in each year thereafter, every per- 
 son, firm or corporation.now engaged in the 
 business of conducting a hotel or restaurant, 
 
or both, in all cities and villages of this state 
 and who shall hereafter engage in conduct- 
 ing such business, in such cities and villages, 
 shall procure a license for each hotel or 
 restaurant so conducted or proposed to be 
 conducted; provided, that one license shall 
 be sufficient for each combined hotel and 
 restaurant where both are conducted in the 
 same building and under the same manage- 
 ment. No hotel or restaurant shall be main- 
 tained and conducted in any city or village 
 in this state after the “taking effect of this 
 act without a license therefor. A person, 
 firm or corporation who has received a license 
 as aforesaid, upon the sale or disposition of 
 said hotel or restuarant or the removal to a 
 new location may, upon obtaining consent of 
 the state fire marshal, have said license trans- 
 ferred but no license shall be transferred with- 
 out his consent. 
 
 Provided, however, that a license to main- 
 tain and operate a hotel shall not be issued to 
 the keeper, owner or lessee of any hotel, nor 
 the keeper or owner of a rooming or board- 
 ing house, where accommodations for assigna- 
 tion purposes are furnished, nor to any 
 keeper, owner, or lessee who has been con- 
 victed of keeping a place in violation of the 
 law relating to houses of assignation or places 
 of public nuisance. 
 
+ 
 
 Nothing in this act shall be construed to 
 apply to family hotels, apartment houses, 
 lodging houses, rooming houses, or dining or 
 sleeping cars, hospital or college dormitories, 
 but a ‘license shall be issued for any such 
 hotel or house, upon application, in the man- 
 ner and form provided with respect to hotels, 
 and upon the payment of a like license fee, 
 and thereupon stich license shall be deemed 
 and held to be subject to the provisions of 
 this act, and entitled to all the benefits and 
 privileges subject to all the obligations and 
 ? penalties thereof. 
 
 Schedule of License Fees 
 
 Sec, 843-4. The fee for the period of May 
 first, .nineteen’ hundred and twenty to Jan- 
 uary, first, nineteen hundred and twenty-one, 
 and.the annual fee thereafter for a license to 
 conduct a hotel or restaurant in any city or 
 village in this state shall be as follows: 
 
 For hotel, dining room and restaurant com- 
 bined, or hotel without a restaurant, contain- 
 ing less than fifteen sleeping rooms, fire dol- 
 lars; for -all hotels containing fifteen or 
 more and less than fifty sleeping rooms, ten 
 dollars; for all hotels containing fifty or more 
 and less than two hundred sleeping rooms, 
 fifteen dollars; for all hotels containing two 
 hundred or more and less than four hundred 
 
sleeping rooms, twenty dollars; for all hotels 
 containing four hundred or more sleeping 
 rooms, twenty-five dollars; for all restau- 
 rants in any city or village where no hotel 
 license is granted, and where said restaurant 
 is separate from the management of a hotel 
 and has a_ seating capacity of less than 
 twenty-five persons, three dollars; and when 
 such restaurant has a seating capacity of 
 twenty-five or more persons, five dollars. 
 
 Each fee must be paid to the state fire 
 marshal, before such license is issued and 
 such fee shall be paid into the state treasury 
 and placed to the credit of the special fund 
 for maintenance of the office of the state fire 
 marshal. : 
 
 Where a license has been issued to a hotel 
 or restaurant the same shall be kept in the 
 office of such hotel or restaurant or displayed 
 in a conspicuous and public manner therein. 
 Such license may be cancelled by the state 
 fire marshal at any time when for violation 
 of any law or regulation of a board of health. 
 
 Sanitary Provisions 
 
 Sec. 843-5. In every hotel or restaurant 
 the person, firm or corporation operating 
 which is required to have a license by the 
 provisions of this Act, the kitchen, dining- 
 room, cellar, office, ice boxes, refrigerators 
 
and all places where foods are prepared, 
 kept or stored, shall be kept clean and in a 
 Sanitary condition. The toilets and out- 
 closets shall, at all times be kept in a clean 
 and sanitary condition in such restaurants and 
 hotels. All garbage, tin cans and kitchen 
 refuse must be kept in a tight, metal can with 
 a lid encircling the top of the can and said 
 contents must be removed once daily. The 
 dining-rooms, kitchen and pantries where food 
 is kept, stored or served, must be thoroughly 
 screened from flies and insects. Serving tables, 
 trucks, trays, boxes, buckets, knives, saws, 
 cleavers, and other utensils and machinery 
 used in moving, handling, cutting, chopping, 
 mixing or serving foods are required to be 
 thoroughly sterilized daily by hot water or 
 steam, and thoroughly cleaned and the clothes 
 and hands of cooks, stewards, waiters and 
 persons handling food must be clean and 
 sanitary. 
 
 Food On Display 
 
 In all restaurants and hotels where food 
 is on display the same shail have full pro- 
 tection from dust, dirt, flies and vermin by 
 being kept under a glass case. 
 
Employes Must Be Healthy 
 
 Sec. 843-6. No person suffering from or 
 afflicted with tuberculosis, a venereal or a 
 contagious disease shall be employed in or 
 about any part of a restaurant or its kitchen, 
 or handle food stuffs or products used therein, 
 and the state fire marshal or his deputies shall 
 have the power to compel a person handling 
 food stuffs in any restaurant or hotel to pre- 
 sent a certificate from a reputable physician 
 showing him or her to be free from any in- 
 fectious or contagious disease. 
 
 Inspections and Alterations 
 
 Sec. 843-7. It is hereby made a duty of 
 the state fire marshal to inspect or cause to 
 be inspected, at least once annually, every hotel 
 and restaurant which comes within the pro- 
 visions of this act, and for that purpose he 
 shall have the right of entry thereto at any 
 reasonable time. Whenever, upon such _ in- 
 spection, it shall be found that such business 
 and property so inspected is not being con- 
 ducted, or is not equipped in the manner and 
 condition required by the provisions of this 
 act or the health laws of this state, it shall 
 thereupon be the duty of the state fire marshal 
 to notify the apes proprietor or agent in 
 
8 
 
 charge of such business, or the owner or 
 agent of the building so occupied, of such 
 changes or alterations as may be necessary 
 to effect a complete compliance with the pro- 
 visions of this act, or the health laws of the 
 state. It shall therefore be the duty of such 
 owner, proprietor or agent in charge of such 
 business to make such alterations or changes 
 as may be necessary and put such building 
 and premises in such condition that will fully 
 comply with the requirements of this act 
 within thirty days after being notified by the 
 state fire marshal. 
 
 Penalty for Non-Compliance 
 
 Sec. 843-8. Whoever shall fail or refuse to 
 comply with the provisions of this act shall 
 be deemed guilty of a misdemeanor and shall 
 be subject to a fine of ten dollars for each 
 day that such violation is continued. If any 
 such violation continue for more than thirty 
 days, the state fire marshal may revoke the 
 license of such person, firm or corporation 
 upon hearing and notice as hereinafter pro- 
 vided and close the building or premises for 
 use as such hotel or restaurant until all the 
 provisions of this act shall be complied with. 
 
Plumbing, Lighting and Ventilation 
 Sec. 843-9. Every hotel and restaurant in 
 
 this state shall have proper plumbing, light- 
 ing and ventilation which shall conform to 
 the provisions of the building code so far as 
 they apply. 
 
 Toilet Accommodations 
 
 Sec. 843-10. In all cities and villages where 
 a system of waterworks and sewerage is 
 maintained for public use, every hotel and 
 restaurant coming under this act shall within 
 six months after the taking effect of this act 
 be equipped with a sufficient number of suit- 
 able water closets for the accommodation of 
 its guests, which water closets shall be ven- 
 tilated and connected by proper plumbing with 
 such sewerage system. All lavatories, bath- 
 tubs, sinks, drains, closets and urinals in such 
 hotels or restaurants shall be properly con- 
 structed and shall be kept clean and well 
 ventilated at all times. Separate apartments 
 shall be furnished for different sexes, each 
 being properly designated. 
 
 Fresh Bed Linen For Each Guest 
 
 Sec. 848-11. All hotels shall provide each 
 bed, bunk, cot or other sleeping place for the 
 use of guests with pillow slips and under and 
 
10 
 
 top sheets. Such top sheets shall be at least 
 ninety inches in length. Such sheets and pil- 
 low slips shall be made of white cotton or 
 linen, and all such sheets and pillow slips, 
 after being used by one guest, shall be washed 
 and ironed before being used by another guest. 
 
 Rooms and Appurtenances to Be Kept 
 Clean 
 
 Sec. 848-12. All bedding, including mat- 
 tresses, quilts, blankets, pillows, sheets and 
 comforts used in any hotel or rooming house 
 in this state must be thoroughly aired, dis- 
 infected and kept clean; and no bedding which 
 is infected with vermin or bedbugs shall be 
 used on any bed in any hotel or rooming 
 house. All floors, carpets and equipment in 
 hotels and restaurants, and all walls and ceil- 
 ings shall be kept in a clean and sanitary con- 
 dition at all times. 
 
 Fumigation After Contagious Diseases 
 
 Sec. 843-18. When any room has been 
 occupied by any person having an infectious 
 or contagious disease, such room shall not be 
 used again until thoroughly fumigated and the 
 bedding and pillows therein, disinfected. 
 
11 
 
 Must Not Sleep Where Foodstuffs Are 
 Kept or Prepared 
 
 Sec. 843-14. No cot, bed or bunk may be 
 kept or used for sleeping purposes in any 
 room in which foodstuffs are prepared or 
 cooked. 
 
 Notices to Be Served in Writing 
 
 All notices to be served by the state fire 
 marshal, provided for in this act, shall be in 
 writing and shall be either delivered personally 
 or by the United States mail addressed to the 
 owner, agent, iessee or manager of such build- 
 ing and premises, or the owner, lessee, agent 
 or manager of such hotel or restaurant. 
 
 Dufes of Prosecutng Attorneys 
 
 Sec. 843-15. The prosecuting attorney of 
 each county is hereby authorized and required 
 upon complaint of the state fire marshal or 
 other person representing him, to prosecute 
 to termination before any court of competent 
 jurisdiction, a proper action or proceeding 
 against any person or persons violating any 
 provision of this act. 
 
 Shall Accept No Gratuty 
 
 Sec. 843-16. The state fire marshal, his 
 deputies and assistants shall accept no gift 
 
12 
 
 or gratuity in any form from any hotel or 
 restaurant under penalty of summary dis- 
 missal. 
 Appeal 
 
 Sec. 848-17. Upon notice and hearing, the 
 state fire marshal may revoke any license for 
 violation of any provision of this act. Such 
 revocation shall not take place, however, until 
 the state fire marshal shall have first notified 
 such licensee in writing, calling specific atten- 
 tion to the infraction of this act and a rea- 
 sonable time and opportunity given to reform 
 and correct the matter complained of. If 
 such notice proves unavailing for the correc- 
 tion of the same, the state fire marshal shall 
 then fix a time and place, not sooner than 
 five days, of which written notice shall be 
 served upon the licensee, to show cause why 
 the license in question should not be revoked. 
 At such hearing, the licensee shall be entitled 
 to be heard in person and by counsel. The 
 licensee shall be entitled to offer evidence 
 and to ask for a compulsory attendance of 
 witnesses and the production of books, papers 
 and records. The state fire marshal shall 
 have the power to require the attendance of 
 such witnesses and the production of books, 
 records and papers as he or such licensee 
 may desire at such hearing and for that pur- 
 pose may issue a subpoena for any witness 
 
13 
 
 or a subpoena duces tecum to compel the 
 production of any books, records or papers, 
 directed to any deputy or assistant in his 
 office, or the sheriff of the county in which 
 such witnesses reside or may be found, which 
 shall be served and returned in the same 
 manner as a subpoena in a criminal case is 
 served and returned. The fees and mileage 
 of the sheriff and witnesses shall be the same 
 as that allowed in the common pleas court 
 in criminal cases, which fees and mileage shall 
 be paid from the fund in the state treasury 
 for the use of the state fire marshal as here- 
 inbefore provided. In case of disobedience 
 of a subpoena or neglect of any subpoena 
 served on any person or the refusal of any 
 witness to testify to any matter regarding 
 which he may lawfully be interrogated, it 
 shall be the duty of the common pleas court 
 of any county where such disobedience, neg- 
 lect.or refusal occurs, or any judge thereof, 
 on application of the state fire marshal to 
 compel obedience by attachment proceedings 
 for contempt as in the case of disobedience 
 of the requirements of a subpoena issued 
 from such court or a refusal to testify 
 therein. Upon the conclusion of such hear- 
 ing the state fire marshal may revoke the 
 license in question or dismiss the proceedings 
 against such licensee. An appeal may be 
 
14 
 
 taken from the action of the state fire mar- 
 shal in revoking a license to the common 
 pleas court of the county in which the place 
 of business of the licensee is located, by 
 filing a petition therefor in such court within 
 ten days from the date of the fire marshal’s 
 order and giving bond to the state of Ohio 
 in the sum of one hundred dollars with 
 surety to the satisfaction of the clerk of such 
 court. The hearing upon such appeal shall 
 be entitled to be advanced out of its order 
 on the docket. The judgment of the com- 
 mon pleas court may be reviewed upon pro- 
 ceedings in error in the court of appeals. 
 Such court of common pleas and the court 
 of appeals may suspend any order revoking 
 such license pending the hearing of such 
 courts. 
 
 If the state fire marshal shall refuse to 
 grant a license to any person, firm or corpo- 
 ration, or shall refuse to permit a license 
 already issued to be transferred as provided 
 in section 4, the party aggrieved by such 
 decision or refusal shall have the right to 
 be heard upon the question as to his right 
 to such license or to a transfer of the same, 
 which hearing shall be had not less than ten 
 days nor more than thirty days from the 
 date of such refusal, and the provisions here- 
 inbefore made for securing the attendance and 
 
15 
 
 testimony of witnesses and other evidence 
 shall be applicable in such proceeding. An 
 appeal may be taken from the action of the 
 state fire. marshal in failing to issue said 
 license or permit said transfer, to the court 
 of common pleas of the county in which the 
 place of business of the licensee is located, 
 by filing petition in such court within ten days 
 after the finding of said fire marshal. The 
 hearing up$n such appeal shall be entitled to 
 be advanced out of its order on the docket 
 and the judgment of the common pleas court 
 may be reviewed upon proceedings in error 
 in the court of appeals. 
 
 Schedule of Rates Shall Be. Posted and 
 Filed 
 
 Sec. 843-18. The owner or manager of each 
 hotel shall post in a conspicuous place in each 
 room thereof a card or sign stating the price 
 per day of such room, and shall file with the 
 state fire marshal a diagram or list showing 
 the price of each room in said hotel and no 
 advances shall be made in this schedule with- 
 out twenty days’ written notice to the State 
 Fire Marshal. 
 
(Amended Senate Bill No. 149) 
 AN ACT 
 
 To supplement the law which created a hotel ; 
 division in the office of the state fire marshal — 
 
 by the addition of supplementary sections bs 
 
 843-la and 843-lb of the General Code, pro= 
 
 viding against false registration. seh 
 Be it enacted by the General Assembly of the 
 
 State of Ohio: 
 
 Section 1. That section 843-1 of the Gen- 
 eral Code be supplemented by adding sections 
 843-la and 848-1b to read as follows: 
 
 Sec. 843-la. Whoever registers “for accom- 
 modations at any hotel by a false, fictitious or 
 assumed name without first making known to 
 the person in charge thereof his true name 
 shall for the first offense be fined not less than 
 twenty-five dollars ($25.00) nor more than 
 two hundred dollars ($200.00); and for a 
 second or subsequent offense shall be fined 
 not less than one hundred dollars ($100.00) 
 nor more than five hundred dollars ($500.00) 
 and imprisoned not more than six months, or 
 both. 
 
 Sec. 843-lb. Any person employed by or 
 connected with the management of a hotel, 
 having knowledge of a false, fictitious or 
 assumed name being registered. at the hotel, 
 and who. fails, refuses or neglects to furnish 
 information din relation thereto at any court 
 of competent jurisdiction when called upon to 
 do so, shall be punished as set forth in the 
 foregoing section. =| 
 
Date Due 
 
o Wud 
 
 ‘in 
 
 3 08432 90