§ 23-09-16 — License - Application

Before any food establishment, lodging establishment, pushcart, mobile food unit, or
assisted living facility may be operated in this state, it must be licensed by the department. The
department shall waive the license requirement for any food establishment, lodging

establishment, or assisted living facility licensed by a city or district health unit if the local health
unit's sanitation, safety, and inspection rules are approved by the department. The application
must be in writing on forms furnished by the department and must be accompanied by the
required fee. The department shall issue a license to an applicant that meets all of the
requirements of this chapter and any rules established by the department. The department may
adopt rules establishing the amount and the procedures for the collection of annual license fees.
The fees must be based on the cost of reviewing construction plans, conducting routine and
complaint inspections, reinspection, and necessary enforcement action. License fees collected
pursuant to this section must be deposited in the department's operating fund in the state
treasury and any expenditure from the fund is subject to appropriation by the legislative
assembly.