§ 111.03  PERMIT FEES.
   (A)   Payment of fees. It shall be unlawful for any person to operate a bed and breakfast establishment, retail food establishment, temporary food establishment, and/ or farmers’ market booth in the county whom has not paid the permit fee required for the operation of such an establishment.
      (1)   The fee shall be paid annually for a term beginning January 1 and expiring on December 31 of the same year, and shall be applied for by the person or operator. Fees for a seasonal retail food establishment shall be paid a minimum of 30 days prior to operation. Temporary and/or a farmers’ market vendor shall be paid a minimum of five days prior to the day of operation.
      (2)   Permit fees for the issuance of a permit under this subchapter to a bed and breakfast establishment, a retail food establishment, temporary food establishment, and/or a farmers’ market vendor shall be set by the County Health Department, as provided by the statuaries of the state (I.C. 16-20-1-27 1 ).
      (3)   A receipt for the payment of such fees shall be provided by the County Health Department.
      (4)   The payment of such fees 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.
   (B)   Schedule of permit fees. The permit fees for the operation of a bed and breakfast establishment, retail food establishment, temporary food establishment, and/or farmers’ market vendor in the county shall be scheduled in accordance to menu category:
      (1)   Menu one: $50 annually;
      (2)   Menu two through five: $100 annually;
      (3)   Catering permit: $20 per day;
      (4)   Temporary food establishment: $20 per day; and
      (5)   Farmers’ market permit (potentially hazardous foods): $25 per season.
   (C)   Late fees and penalties.
      (1)   A penalty for operating without first registering with the County Health Department shall be assessed equal to the late fee. If a bed and breakfast establishment, retail food establishment, temporary food establishment and/or farmers’ market vendor fails to register with the County Health Department for continuous days, then it shall violation constitute a penalty.
      (2)   A late fee for failure to pay the permit fee prior to operation of the bed and breakfast establishment, retail food establishment, and/ or farmers’ market booth, or the late fee for failure to renew a permit after the expiration of the permit to operate a bed and breakfast and/or retail food establishment, shall be assessed as set by the County Health Board. Late fee for failure to register with the County Health Department shall be assessed at $50 per day of operation.
      (3)   The payment of fees under this subchapter is non-transferable or refundable.
   (D)   Exemption from permit fees. An organization that is exempt from taxation under I.R.C. § 501, being 26 U.S.C. § 501, offers the food for sale to the final consumer at an event held for the benefit of an organization, and the events conducted take place for not more than 15 days in a calendar year. (See S.E.A. 190.) The County Health Officer shall be provided, upon request, proof of an organization’s 501 tax exemption certification.
(Ord. 2015-18, passed 10-19-2015)  Penalty, see § 111.99

 

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