For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST ESTABLISHMENT. Shall have the same meaning as defined in 410 I.A.C. 7-15.5-2.
CATERED EVENT. An occasion at which the food products being served have been prepared in a licensed food service establishment and are merely held and served at the off-site location for a private event or an organized group (such as a wedding reception or corporate picnic). No preparation shall take place at the event location. The food shall be paid for in one bulk sum by the organization holding the event. Food shall not be sold individually, although it may be served or portioned in individual servings at the event location.
CHANGE OF OWNERSHIP. Occurs when any person, other than a spouse, acquires, through an asset purchase agreement, stock purchase agreement, merger, consolidation, gift or other similar method, more than 50% of the control of a prior licensee’s business.
COUNTY. The County of Elkhart, State of Indiana.
FOOD SERVICE. Includes a retail food establishment and a bed and breakfast establishment.
FULL SERVICE FOOD SERVICE. A retail food establishment that prepares, packages, handles, vends or serves potentially hazardous foods or prepares and/or serves non-potentially hazardous foods. All food services that do not meet the definition of a limited service food service shall constitute and be deemed to be a FULL SERVICE FOOD SERVICE.
HEALTH DEPARTMENT. The County Health Department.
HEALTH OFFICER. The County Health Officer and his or her duly authorized representatives.
LICENSE REVOCATION. The cancellation of a food service license and the denial of a new food service license in accordance with § 112.08 of this chapter for a period of not less than one year. In the event the license is revoked a second time, the revocation shall become permanent.
LICENSEE. The person who is the owner of the operation of a licensed food service establishment, which shall include an authorized representative who shall be responsible for the acceptance of all notices at the address listed on the application for any license issued hereunder.
LIMITED SERVICE FOOD SERVICE. A retail food service establishment selling only pre-packaged potentially hazardous food items or repackaging only non-potentially hazardous food items. These establishments shall not be involved in the preparation of any food items.
PERSON. An individual, corporation, firm, partnership, proprietorship, association, business organization, municipality or any other group acting as a unit, as well as an agent or legal representative thereof.
PREPARATION. Includes, but is not limited to, slicing, mixing, heating, cooling or re-constitution.
OUTDOOR COOKING FACILITY. A location outside of the licensed retail food service establishment that is immediately adjacent and connected to the food service.
RETAIL FOOD ESTABLISHMENT. Shall have the same meaning as defined in 410 I.A.C. 7-24-79.
SEASONAL FOOD SERVICE. A food service that operates for a limited time during a licensing period, such as a facility that serves ice cream and closes during the winter or a concession stand that only operates in conjunction with a specific sporting event.
SINGLE EVENT OR CELEBRATION. A gathering associated with a recognized special occasion. The recognized occasion shall be sanctioned and sponsored by a governmental unit, charity, civic group or fraternal order. It shall not include an individual or group preparing food items for a limited time when not associated with recognized occasions. A business or commercial entity may obtain a temporary food service license for a promotional event or auction for a time period of no longer than 14 consecutive days. Temporary licenses for a promotional event or auction shall not be issued to an individual business or commercial entities on a routine or continuous basis in order to avoid compliance with 410 I.A.C. 7-24.
STOP WORK ORDER. A written order of the Health Officer to stop all work on a project or construction of a food service until in compliance with all provisions of this chapter.
(Prior Code, § 16-42-5-24) (Ord. 102, passed 6-18-1973, 29 COM REC 422–423; Ord. 91-303, passed 4-1-1991, 91 COM REC 302–318; Ord. 2000-762, passed 11-20-2000, 2000 COM REC 761–780; Ord. 2005-322, passed 6-20-2005, 2005 COM REC 320–341)