(A) General. It shall be deemed unlawful for a person to operate any bed and breakfast establishment, retail food establishment, temporary food establishment and/or as a farmers’ market vendor in the county, without first obtaining a valid permit from the Health Officer. The valid permit must be posted in a conspicuous location in the bed and breakfast establishment, retail food establishment, temporary establishment, and/or farmers’ market booth.
(1) Only persons who comply with the applicable requirements of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 will be entitled to obtain and keep a permit.
(2) A separate permit shall be required for each bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor operated, or to be operated, by any person.
(3) A permit issued under this subchapter is not transferable.
(4) A bed and breakfast establishment and/or retail food establishment permitted by County Health Department shall be considered registered, as required in I.C. 16-42-1-6
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(B) Permit period. A permit for an annual bed and breakfast establishment and/or retail food establishment shall be issued for a term of one year, beginning January 1 and expiring December 31 of the same year and shall be applied for by the person and/or operator annually.
(1) A permit for a seasonal food establishment and/ or farmers’ market vendor shall be applied for annually, or a minimum of 30 days prior to the day of operation.
(2) A permit for a temporary food establishment shall be for the term of one continuous operation, and applied for a minimum of five days prior to the day of operation.
(C) Permit content. Any permit issued by the County Health Officer shall contain:
(1) The name and address of person and/or operator to whom the permit is granted;
(2) The address and/or location of the establishment for which the permit is issued;
(3) The issuance and expiration date(s); and
(4) Other such pertinent data as may be required by the County Health Officer.
(D) Application. A person desiring to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor shall submit to the County Health Department a written application for a permit on a form provided by the County Health Department.
(E) Content of the application. The application shall include:
(1) The name, mailing address, telephone number, and original signature of the person and/or operator applying for the permit and the name, mailing address, and location of the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor;
(2) Information specifying whether the bed and breakfast establishment, retail food establishment, and/or temporary food establishment is owned by an association, corporation, individual, partnership, or other legal entity;
(3) A statement specifying whether the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor:
(a) If not permanent, is mobile and/or temporary; and
(b) The operation includes one or more of the following:
1. Prepares, offers for sale, or serves potentially hazardous food:
a. Only to order upon a consumer’s request;
b. In advance, in quantities based on projected consumer demand, and discards food that is not sold or served at an approved frequency; or
c. Using time, rather than temperature, as the public health control, as specified under 410 I.A.C. 7-24.
2. Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps, which may include: combining potentially hazardous ingredients; cooking; cooling; reheating; hot-holding; cold-holding; freezing; or thawing;
3. Prepares food as specified under division (E)(3)(2) above for delivery to, and consumption at, a location off the premises of the bed and breakfast establishment and/or retail food establishment where it is prepared;
4. Prepares food as specified under division (E)(3)(2) above for service to a highly susceptible population, as defined in 410 I.A.C. 7-24;
5. Prepares only food that is not potentially hazardous; or
6. Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous.
(4) The name, title, address, and telephone number of the operator directly responsible for the bed and breakfast establishment, retail food establishment, temporary food establishment and/or farmers’ market booth;
(5) The name, title, address, and telephone number of the person who functions as the immediate supervisor of the person specified under division (E)(4) above such as the zone, district, or regional supervision;
(6) The names, titles, and address of:
(a) The person(s) comprising the legal ownership, as specified under division (E)(2) above, including the owner(s) and operators; and
(b) The local resident agent if one is required based on the type of legal ownership.
(7) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application; and
(b) Affirms that the application will comply with this subchapter, and allow the County Health Department access to the bed and breakfast establishment, retail food establishment, temporary food establishment and/or farmers’ market booth and records, as specified in 410 I.A.C. 7-15.5 and 410 I.A.C. 7-24.
(8) Other information required by the County Health Department.
(F) Qualification. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market booth;
(2) Comply with the requirements of this subchapter;
(3) Agree to allow access to the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market booth, and provide required information; and
(4) Pay the applicable permit fees at the time the application is submitted.
(G) Plans requirements. The owner, or other authorized agent, of an existing or proposed bed and breakfast establishment and/or retail food establishment shall submit to the County Health Department properly prepared plans and specifications for review and approval before:
(1) The construction of a bed and breakfast establishment and/or retail food establishment;
(2) The conversion of an existing structure for use as a bed and breakfast establishment and/or retail food establishment; or
(3) The remodeling of a bed and breakfast establishment and/or retail food establishment, or a change of type of bed and breakfast establishment and/or retail food establishment, or food operation, if the County Health Department determines that plans and specifications are necessary to ensure compliance with this section.
(a) The plans and specifications for a bed and breakfast establishment and/or retail food establishment shall include: the type of operation; type of food preparation, as specified in Appendix A of the published version of 410 I.A.C. 7-24; and the menu.
(b) The plans and specifications shall be deemed satisfactory and complete before approved by County Health Department and a permit can be issued.
(c) A pre-operational inspection shows that the bed and breakfast establishment and/or retail food establishment is built or remodeled in accordance with the approved plans and specifications, and that the establishment is in compliance with this subchapter, 410 I.A.C. 7-24, and/or 410 I.A.C. 7-15.5.
(H) Change of ownership. The County Health Department may renew a permit for an existing bed and breakfast establishment and/or retail food establishment, or may issue a permit to a new owner of an existing bed and breakfast establishment and/or retail food establishment after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this subchapter.
(I) Responsibilities of the operator. Upon acceptance of the permit issued by the County Health Department, the operator, in order to retain the permit, shall:
(1) Comply with the provisions of this subchapter and all laws and rules adopted by reference herein and the conditions of any variances grated by the State Department of Health;
(2) Immediately discontinue affected operations and notify the County Health Department if an imminent health hazard may exist;
(3) Allow representatives of the County Health Department access to the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor at all reasonable times;
(4) Comply with directives of the County Health Department, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by said Department in regard to the bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor, or in response to community emergencies;
(5) Accept notices issued and served by the County Health Department;
(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this subchapter or a directive of the County Health Department; and
(7) Post the permit in a conspicuous location in the bed and breakfast establishment, retail food establishment, and/or farmers’ market booth.
(Ord. 2015-18, passed 10-19-2015) Penalty, see § 111.99