(A) It shall be unlawful for any person to operate a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or temporary retail food establishment in the county if the person does not possess a valid permit from the Health Department. A separate permit shall be required for each bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or temporary retail food establishment operated by any person. When separate areas for food service or preparation are located in one building, and are operated by one owner, the establishment shall be considered as one establishment, and only one permit shall be required.
(B) Only persons who comply with the applicable requirements of this section shall be entitled to receive and retain such a permit. A permit shall be issued to any person upon application, and only after inspection of the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or temporary retail food establishment, and upon approval by the County Health Department. No permit, or renewal thereof, shall be denied or revoked on arbitrary or capricious grounds.
(C) The permit for a bed and breakfast establishment, or retail food establishment, shall be for a term of one year, beginning January 1 and expiring December 31 of the calendar year, and shall be renewed annually. Failure to pay the fee for the renewal of a permit by December 15 of the current calendar year shall result in the assessment of a delinquent fee against the bed and breakfast establishment, or retail food establishment. The delinquent fee shall be in addition to the annual fee.
(D) The permit for a seasonal retail food establishment shall be for a term of not more than eight months in a calendar year, and shall be renewed annually. The fee for the permit shall be due, and payable, at the time of application to, and approval by, the County Health Department.
(E) The permit for a mobile retail food establishment shall be for a term beginning the date of application to, and approval by, the Health Department, and expiring December 31 of the calendar year, and shall be renewed annually. Failure to pay the fee for the renewal of a permit by December 15 of the current calendar year shall result in the assessment of a delinquent fee against the mobile retail food establishment. The delinquent fee shall be in addition to the annual fee. Each mobile retail food establishment shall be permitted and charged a fee. The type of permit and fee will be determined by the County Health Department.
(1) Mobile retail food establishment units shall operate from a commissary permitted by the Health Department. Each unit shall report, at least daily, to such commissary for all food and other supplies, and for cleaning and servicing operations. A commissary must be separate from living and sleeping quarters, and meet all the requirements of 410 I.A.C. 7-24 for a retail food establishment. This commissary must be inspected by the Health Department, and a separate operating license and fee is required for each commissary.
(2) Mobile retail food establishments shall provide proof of a permit for the commissary if the commissary is not located in the county. Commissaries operating in jurisdictions not requiring an individual permit shall not be acceptable for servicing a mobile retail food establishment permitted in the county.
(F) The permit for a temporary retail food establishment shall be for a term beginning the date of application to, and approval by, the County Health Department, and expiring at 12:00 a.m. on the last day of the event listed on the application, and shall expire no later than 14 consecutive days after the date the establishment begins operating. The fee for the permit shall be due, and payable, at the time of application to, and approval by, the County Health Department.
(G) Any permit issued by the County Health Department shall contain the permit number, name, and address of the establishment, the name of the person to whom the permit is granted, the type of establishment to which the permit is being issued, the issuance and expiration date(s), the name of the Health Officer, the name of the food safety specialist, and any such pertinent data as may be required by the Health Department. The permit shall be posted in a conspicuous place in the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or temporary retail food establishment.
(H) A permit is not transferable to another location or to another person. In the event of a change of ownership by conveyance, sale contract, lease, or other means, the current permit shall become void and a new permit shall be required.
(1) A permit shall not be issued to a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment under new ownership until it is in full compliance with all applicable state and local laws.
(2) In the event the County Health Department is not notified of a change of ownership of a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment, a permit for the next year shall not be issued until:
(a) The bed and breakfast establishment, retail food establishment, seasonal retail food establishment, or mobile retail food establishment is in full compliance with all applicable state and local laws; and
(b) The past year’s permit is paid for in full, including delinquent fees. No permits shall be issued or renewed until all fines have been paid in full.
(I) No permit shall be required, and no permittee shall be paid, for any bed and breakfast establishment, retail food establishment, seasonal retail mobile food establishment, mobile retail food establishment, or temporary retail food establishment operated by any charitable, educational, government, religious, or other non-profit organization exempt from income tax under the Internal Revenue Code.
(J) A person desiring to operate a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, or temporary retail food establishment shall submit, to the County Health Department, a written application for a permit on a form provided by the County Health Department.
(1) The application shall include:
(a) The date, name of business, telephone number, physical address, mailing address, email address for notifications, name of owner(s), owner’s emergency telephone number, owner’s mailing address, days and hours of operation, name and certificate expiration date of certified food handler(s), type of business, if off-site catering is available, foods to be served, and the name of the on-site supervisor(s); and
(b) A statement signed by the applicant that:
1. Attests to the accuracy of the information provided in the application; and
2. Affirms that the applicant will:
a. Comply with this chapter; and
b. Allow the County Health Department access to the bed and breakfast establishment, retail food establishment, mobile retail food establishment, or temporary retail food establishment and records, as specified in 410 I.A.C. 7-15.5 and 410 I.A.C. 7-24.
(K) To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, and/or temporary food establishment;
(2) Comply with the requirements of this chapter;
(3) Agree to allow access to the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile retail food establishment, and/or temporary food establishment, and provide required information; and
(4) Pay the applicable permit fees at the time the application is submitted.
(L) If an application for a plan review and/or permit to operate a bed and breakfast establishment, retail food establishment, seasonal retail food establishment, mobile 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.
(M) In the event of a change of ownership, the County Health Department may renew a permit for an existing bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment, or may issue a permit to a new owner of an existing bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile 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 chapter.
(N) 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 chapter, and all laws and rules adopted by reference herein, and the conditions of any variances granted 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, seasonal retail food establishment, and/or mobile retail food establishment 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 the County Health Department in regard to the operator’s bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment, 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 by law for failure to comply with this chapter, or a directive of the County Health Department; and
(7) Post the permit in a location in the bed and breakfast establishment, retail food establishment, seasonal retail food establishment, and/or mobile retail food establishment that is conspicuous to consumers.
(Ord. 2019-09, passed 11-4-2019) Penalty, see § 111.99