(A) An applicant seeking an annual market food establishment permit shall submit a signed application and a copy of the market food establishment's business registration (if applicable) to the enforcement authority, on a form provided by the enforcement authority, by March 15 of each year. In the event that an applicant submits an application after March 15th of each year, the permit application shall be submitted to the enforcement authority at least five working days prior to the commencement of operations.
(B) The application shall include the following:
(1) The name, mailing address, telephone number, e-mail address, and signature of the applicant;
(2) The name, title, mailing address, telephone number, and e-mail address of the person in charge;
(3) A list of any valid permit held by the applicant, or a disclosure of a previous market food establishment permit held by the applicant for the same market food establishment within the last three years;
(4) When a commissary is required, the name, title, mailing address, telephone number, and e-mail address of the applicant's commissary;
(a) When the commissary is not owned and operated by the applicant, a copy of the commissary agreement that includes the following:
(i) A list of all services provided to the applicant by the commissary;
(ii) The name, title, mailing address, telephone number, and e-mail address of the commissary;
(iii) The name, title, mailing address, telephone number, and e-mail address of the applicant;
(iv) A statement signed by the applicant and commissary owner that:
1. Attests to the accuracy of the information provided;
2. Affirms that the applicant will:
a. Visit the commissary for services on every day of market operations;
b. Provide a copy of the current commissary agreement annually to the enforcement authority; and
c. Comply with the requirements of §§ 9-6-7-1 et seq. and all other applicable laws and regulations.
3. Affirms that the commissary owner will allow the enforcement authority access to the establishment and its records for the purpose of enforcing the Albuquerque Market Food Vendor Ordinance.
(5) A list of all food items to be prepared or sold;
(6) The method for which any item will be prepared and the location at which it will be prepared;
(7) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application,
(b) Certifies that the applicant is not subject to the Homemade Food Act, and
(c) Affirms that the applicant shall:
(i) Notify the enforcement authority of any changes to the information provided,
(ii) Comply with all requirements set forth by §§ 9-6-7-1 et seq., and
(iii) Allow the enforcement authority access to the establishment and its records for the purpose of enforcing this ordinance.
(C) Corrections. In the event that the enforcement authority finds that an applicant needs to correct, amend, or supplement an application, the enforcement authority shall notify the applicant as soon as practicable. The enforcement authority's determination that an application requires a correction does not constitute a denial of the application.
(D) Fees.
(1) Temporary fees. The enforcement authority is authorized to collect the fees in § 9-6-7-7(D)(1) until such time as they are adjusted by rules adopted by the enforcement authority.
(a) Each market food establishment shall pay an annual permit fee of $50. Annual permit fees are due on or before the first working day of April of each year; provided, however, that no person shall engage in the operations of a market food establishment without first paying the permit fee. See also § 9-6-7-8(C) Term and Scope of Permit.
(b) In the event that an applicant submits an application after the annual deadline, the enforcement authority may grant the permit and the permit fee shall be assessed in accordance with the following fee table:
Permit Type | Permit Effective Dates | Fee |
Annual | April 1 - March 31 | $50 |
Late Season | October 1 - March 31 | $30 |
(2) Adjustment of fees. Fees charged in relation to the Albuquerque Market Food Vendor Ordinance may be established by rules adopted by the enforcement authority. Any such rule shall be adopted under the procedures of Chapter 2, Article 15 ROA 1994.