South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-25 - Retail Food Establishments
Chapter 61-25.8 - COMPLIANCE AND ENFORCEMENT
Part 61-25.8-3 - PERMIT TO OPERATE
Section 61-25.8-303 - Issuance

(1) When a retail food establishment is in the process of changing ownership, the Department shall be notified immediately.

(2) Within fifteen (15) calendar days from the date of the change of ownership, the new owner shall submit a complete application for a new permit as required in 8-302.12 and pay applicable Department fees as provided in 8-302.13(D).

(3) The Department shall review the application for a change of ownership, and

(4) Upon receipt of a complete application, the Department will conduct an inspection to determine compliance with Regulation 61-25. A permit shall not be issued to a retail food establishment for a change of ownership if:

(5) If the new owner fails to submit a complete and timely application, fails to pay applicable fees under (A)(2) of this section, or fails to obtain compliance at the permit inspection under (A)(4)(a) of this section, the retail food establishment shall cease and close all food operations immediately. Any continued operation of the facility will constitute operation of a retail food establishment without a permit in violation of this regulation. The facility must remain closed until a new permit is issued to the facility.

(6) If the new owner fails to obtain compliance at the permit inspection under (A)(4)(b) or (A)(4)(c), the retail food establishment may continue food operations for a time period not to exceed fifteen (15) calendar days. The retail food establishment must obtain compliance at a follow-up permit inspection during the fifteen (15) day period. If the new owner fails to obtain compliance within the fifteen (15) day period, the retail food establishment shall cease and close all food operations immediately. Any continued operation of the facility will constitute operation of a retail food establishment without a permit in violation of this regulation. The facility must remain closed until a new permit is issued to the facility.

(7) Within ninety (90) calendar days of the permitted change of ownership, the retail food establishment shall be in full compliance with 5-103.11, 5-203.11, 5-203.13, and 5-204.12 of this regulation.

(1) Retail food establishments under enforcement action are not eligible for a change of ownership protocol as stated in section (A) above.

(2) A person who wants to take ownership of a retail food establishment under enforcement action shall apply for a new permit and shall provide documentation that demonstrates a bona fide change of ownership. This documentation includes, but is not limited to, a bill of sale for the business, a new lease or bill of sale for the building, a new business or liquor license, or applications for these licenses in the new owner's name, and documentation of management and staffing changes the new owner proposes.

(3) If the Department determines that the change of ownership is bona fide, the Department shall notify the new owner in writing that the retail food establishment is subject to a pending enforcement action and that any and all actions necessary to satisfy the enforcement action must be completed before the Department will issue a permit to the new applicant.

(4) If the Department determines that the change of ownership is not bona fide, the Department shall return the permit application and the inspection fee to the applicant and shall notify the applicant in writing that the retail food establishment is subject to a pending enforcement action and that any and all actions necessary to satisfy the enforcement action must be completed before the Department will process an application for a new permit.