(A) It shall be unlawful for any person to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment in the county who has not paid the permit fee required to be paid for the operation of such establishment.
(B) Permit fees to be paid for the issuance of a permit under this chapter for a bed and breakfast establishment, a retail food establishment, and/or a temporary food establishment shall be set by the County Health Department, as provided by the statutes of the state (see I.C. 16-20-1-27), and as set forth and approved by the County Council and the Board of Commissioners.
(C) For permits which upon initial issuance will expire in fewer than 180 days from the date thereof, the applicant shall pay one-half of the fees set forth by the County Health Department.
(D) A receipt for the payment of such fee shall be provided by the County Health Department.
(E) The payment of such fees shall be required for each bed and breakfast establishment, retail food establishment, and/or temporary food establishment operated, or to be operated, by any person.
(F) (1) A not-for-profit organization that offers food for sale to the final consumer at an event held for the benefit of the organization is exempt from the payment of fees. This exemption only applies to organizations that meet the criteria addressed in I.C. 16-42-5-4.
(2) The Health Officer shall be provided, upon request, proof of an organization’s tax exemption.
(G) A late fee for failure to pay the permit fee prior to the commencement of operation of the bed and breakfast establishment, retail food establishment, and/or temporary food establishment; and for failure to renew a permit prior to its expiration shall be paid in the amount of 50% of the above annual fee for such permit, or in such amount as set from time to time by the County Board of Health.
(H) Credit for the payment of fees under this chapter is not transferable or refundable.
(I) The application for any permit shall be tendered with the following application fees:
(1) Each new retail food establishment shall be required to pay an application fee of $100 for the review of plans and specifications and for the initial inspection of such establishment. This fee is in addition to the permit fee; and
(2) Permit fees for retail food establishments are payable as follows:
(a) Retail food market:
Size (Square Feet) | Fee |
Up to, and including, 3,000 | $125 |
3,001 to 10,000 | $200 |
10,001 to 25,000 | $250 |
25,001 to 50,000 | $300 |
50,001 to 90,000 | $375 |
90,001 and above | $450 |
(b) Retail food service:
Menu Type | Fee |
Menu type 1 | $175 |
Menu type 2 | $225 |
Menu type 3 | $275 |
Menu type 4 | $325 |
Menu type 5 | $400 |
(c) Temporary food establishments: $20 per day, not to exceed $100, for a maximum of 14 days.
(d) Flat rate permit fees:
Establishment Type | Fee |
Bed and breakfast | $150 |
Farmers market (potentially and non-potentially hazardous foods) | $125 |
Mobile retail food establishment | $175 |
Retail food establishment operating less than 6 months per year | $175 |
(e) Prorated fee per month:
Retail Food Market | Fee |
Up to, and including, 3,000 | $10 |
3,001 to 10,000 | $16 |
10,001 to 25,000 | $20 |
25,001 to 50,000 | $25 |
50,001 to 90,000 | $31 |
90,001 and above | $37 |
Retail Food Service | Fee |
Menu type 1 | $14 |
Menu type 2 | $18 |
Menu type 3 | $22 |
Menu type 4 | $27 |
Menu type 5 | $33 |
(Ord. 2008-V, passed 4-15-2008; Ord. 2015-VII, passed 4-7-2015) Penalty, see § 10.99