(A) Application denial. If an application for a plan renew and/or permit to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment is denied, the County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the application and/or permit denial;
(2) The actions, if any, that the applicant must take to qualify for the application and/or permit; and
(3) Advisement of the applicant’s right of appeal and the process and time frames for appeal that are provided in law.
(B) Permit suspension. The County Health Department may suspend a permit to operate a bed and breakfast establishment, retail food establishment and/or temporary food establishment without notice or hearing for a period of no more than 30 days, if it is determined through inspection, or examination of employees, food, records or other means as specified in this chapter, that an imminent health hazard exists.
(C) Ceasing operation and contacting the County Health Department. An operator of a bed and breakfast establishment, retail food establishment and/or temporary food establishment shall immediately discontinue operations and notify the County Health Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent food borne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health. The County Health Department may be contacted during normal business hours at (812) 254-8666; or through the County Sheriff’s Department 911 Dispatch during non-business hours. An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(D) Resuming operation. If a bed and breakfast establishment, retail food establishment and/or temporary food establishment has discontinued operations for the reasons stated above or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations.
(E) Outstanding fees. Any outstanding fees may be a condition upon which a permit may not be issued.
(F) Enforcement options. See I.C. 16-42-5-28(g).
(Ord. 2008-1, passed 3-24-2008)