23-09.1 Bed and Breakfast Facilities
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<![CDATA[CHAPTER 23-09.1BED AND BREAKFAST FACILITIES23-09.1-01. Definitions. As used in this chapter:1."Bed and breakfast facility" means a private home that is used to provide<br>accommodations for a charge to the public, with not more than seven lodging units,<br>in which no more than two family-style meals per day are provided.2."Department" means the state department of health.3."Family-style meal" means a meal ordered by persons staying at a bed and<br>breakfast facility which is served from common food service containers, as long as<br>any food not consumed by those persons is not reused or fed to other people if the<br>food is unwrapped.23-09.1-02. Bed and breakfast facilities - Powers of state department of health. Thedepartment shall establish by rule the procedures for licensing, qualifying, classifying, inspecting,<br>and regulating persons providing bed and breakfast facilities in private homes, including rules<br>affecting the health and safety of the facility and the persons using the facility.No politicalsubdivision, including a home rule city or county, may impose health and safety, licensure, or<br>inspection requirements that exceed the requirements of this chapter or rules adopted by the<br>department.23-09.1-02.1. Inspection. The department shall inspect each bed and breakfast facilityat least once every two years. Any duly authorized officer, employee, or agent of the department<br>may enter and inspect any property or place on or at which a bed and breakfast facility is located<br>or is being constructed, installed, or established at any reasonable time for the purpose of<br>ascertaining the state of compliance with this chapter and rules adopted under this chapter.23-09.1-02.2.License required - Application - Issuance.Before any bed andbreakfast facility may operate in this state, the facility must be licensed by the department.<br>Licenses expire on December thirty-first following the date of issuance unless canceled by failure<br>to comply with this chapter or with any of the rules adopted to implement this chapter. Renewal<br>application for license must be made to the department during December of every year.Alicense must be issued upon compliance by the applicant with provisions of this chapter and any<br>rules adopted to implement this chapter. The application must be in writing on forms furnished<br>by the department and must be accompanied by the required fee.Licenses issued by thedepartment are not transferable nor applicable to any premises other than those for which the<br>license was issued.The department may adopt rules establishing the amount of and theprocedures for the collection of annual license fees. License fees collected pursuant to this<br>section must be deposited in the department's operating fund in the state treasury and any<br>expenditure from the fund is subject to appropriation by the legislative assembly.23-09.1-03. License fee. Repealed by S.L. 2005, ch. 32, </p>
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