(A) Permits. It shall be unlawful for any person to operate a restaurant or itinerant restaurant in Whitley County, who does not possess a valid permit from the Health Officer. Such permit shall be posted in a conspicuous place in such restaurant or itinerant restaurant. Only persons who comply with the applicable requirements of this ordinance shall be entitled to receive and retain such a permit. The permit for a restaurant shall be for a term of one year beginning January 1 and expiring December 31 of the same year and shall be renewed annually. The permit for an itinerant restaurant shall be for the term of one continuous operation. Any permit issued by the Health Officer shall contain the name and address of the person to whom the permit is granted, the address of the premises for which the same is issued, and such other pertinent data as may be required by the Health Officer.
A separate permit shall be required for each restaurant or itinerant restaurant operated or to be operated by any person. A permit issued under this ordinance is not transferable.
A permit shall be issued to any person on application after inspection and approval by the Health Officer; provided that the restaurant or itinerant restaurant complies with all the applicable provisions of this ordinance.
No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds.
(B) License and license fee. It shall be unlawful for any person to operate a restaurant in Whitley County, who does not possess a valid license for the operation of such establishment. The license shall be for a term of one year beginning January 1 and expiring December 31 of the same year and shall be renewed annually.
Such license shall be provided by the County Health Officer after a satisfactory and acceptable report of inspection has been made by the County Sanitarian and the payment of a license fee of $3, or a license fee of $2 if issued on or after June 1 of any calendar year.
Any person who desires to operate an itinerant restaurant in the County of Whitley must obtain from the County Health Officer a license for an itinerant restaurant. Such license shall be provided by the County Health Officer after a satisfactory and acceptable report of inspection has been made by the County Sanitarian and the payment of a license fee of $1 for each day of operation.
A separate license shall be required for each restaurant or itinerant restaurant operated or to be operated by any person.
The amount of the license fee shall be payable to the Treasurer of Whitley County at the time the license is granted by the County Health Officer at the County Board of Health office.
(C) License and fee exception. The provisions of this ordinance shall apply to, and a permit as described in Section 2 (A) shall be obtained for, restaurants and itinerant restaurants operated by fraternal organizations, service clubs, religious, educational, and charitable institutions. However, no license shall be required and no license fee shall be paid for restaurants or itinerant restaurants operated by religious, educational, or charitable organizations.
(Am. Ord. 2014-25, passed 12-9-2014; Am. Ord. 2015-8, passed 3-10-2015)