(A) General. It is unlawful to operate any bed and breakfast establishment, retail food establishment, or temporary food establishment in the county without first obtaining a permit from the Health Department.
(B) Posting. The permit must be posted in a conspicuous location in the bed and breakfast establishment, retail food establishment, or temporary food establishment.
(C) Separate permits. A separate permit shall be required for each bed and breakfast establishment, retail food establishment, or temporary food establishment operated or to be operated by any person.
(D) Permit issuance. A permit may only be issued to persons who comply with the applicable requirements of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24. Any permit issued under this chapter is not transferable. Upon the change of location of any bed and breakfast, retail food establishment, or temporary food establishment, all existing permits become void. A permit shall not be sold, assigned, licensed, or transferred.
(E) Term. Permits issued by the Health Officer shall be valid according to the following periods.
(1) The permit for a retail food establishment or bed and breakfast establishment shall be for a term of one year. Said permit shall be renewed annually beginning on July 1 of current year and expiring on June 30 of the following year.
(2) The permit for a temporary food establishment shall be for a term not to exceed 14 consecutive days. A temporary food establishment permit shall be for the term of one continuous operation.
(F) Permit content. Permits issued by the Health Officer shall contain:
(1) The name and address of the operator to whom the permit is granted;
(2) The location of the establishment for which the permit is issued;
(3) The issuance and expiration date(s); and
(4) Other such pertinent data as may be required by the Health Officer.
(G) Application. A person desiring to operate a bed and breakfast establishment, retail food establishment, and/or temporary food establishment shall submit to the Health Department a written application for a permit on a form provided by the Health Department (State Form 50033).
(H) Content of the application. The application shall include:
(1) The name, mailing address, telephone number, and original signature of the person and/or operator applying for the permit and the name, mailing address, and location of the bed and breakfast establishment, retail food establishment, and/or temporary food establishment;
(2) Information specifying whether the bed and breakfast establishment, retail food establishment, and/or temporary food establishment is owned by an association, corporation, individual, partnership, or other legal entity;
(3) The name, title, address, and telephone number of the operator directly responsible for the bed and breakfast establishment, retail food establishment, and/or temporary food establishment;
(4) The name, title, address, and telephone number of the person who functions as the immediate supervisor of the person specified under division (H)(3) above such as the zone, district, or regional supervisor;
(5) The names, titles, and addresses of:
(a) The person(s) comprising the legal owners of the operator and/or the person authorized to accept service of process and notice; and
(b) The local resident agent of the operator or the person holding the permit, if one is required for such operator or person;
(6) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application; and
(b) Affirms that the applicant will:
1. Comply with this chapter; and
2. Allow the Health Department access to the bed and breakfast establishment, retail food establishment, and/ or temporary food establishment and records as specified in 410 I.A.C. 7-15.5 and 410 I.A.C. 7-24.
(7) Other information required by the Health Department.
(I) Qualification. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment, 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, and/or temporary food establishment and provide required information; and
(4) Pay the applicable permit fees at the time of issuance or renewal.
(J) Plans requirements.
(1) The owner or other authorized agent of an existing or proposed bed and breakfast establishment, and/or retail food establishment shall submit to the Health Department properly prepared plans and specifications, in accordance with State Form 50004 plan review questionnaire for review and approval before:
(a) The construction of a bed and breakfast establishment and/or retail food establishment;
(b) The conversion of an existing structure for use as a bed and breakfast establishment and/or retail food establishment; or
(c) The remodeling of a bed and breakfast establishment and/or retail food establishment or a change of type of bed and breakfast establishment, and/or retail food establishment or food operation if the Health Department determines that plans and specifications are necessary to ensure compliance with this section.
(2) The plans and specifications for a bed and breakfast establishment and/or retail food establishment shall include, the type of operation, type of food preparation (as specified in Appendix B of the published version of 410 I.A.C. 7-24), and the menu.
(3) The plans and specifications shall be deemed satisfactory and approved by Health Department before a permit hereunder can be issued.
(4) A pre-operational inspection must show that the bed and breakfast establishment and/or retail food establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this chapter, 410 I.A.C. 7-24 and/or 410 I.A.C. 7-15.5.
(K) Change of ownership. The Health Department may renew a permit for an existing bed and breakfast establishment and/or retail food establishment, or may issue a permit to a new owner of an existing bed and breakfast establishment and/or 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.
(L) Responsibilities of the operator. Upon acceptance of the permit issued by the 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 Health Department if an imminent health hazard may exist;
(3) Allow representatives of the Health Department access to the bed and breakfast establishment and/or retail food establishment at all reasonable times;
(4) Comply with directives of the Health Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the Health Department in regard to the operator’s bed and breakfast establishment and/or retail food establishment or in response to community emergencies;
(5) Accept notices issued and served by the Health Department;
(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the Health Department; and
(7) Post the permit in a location in the bed and breakfast establishment and/or retail food establishment that is conspicuous to consumers.
(M) Equipment. All equipment installed in a food establishment for use in the cleansing and bactericidal treatment of utensils, or in the preparation, storing, handling, cleaning, sanitizing, serving, or displaying of any food or beverage products, shall be of a type conforming with all applicable requirements with regard to proper holding temperatures, design, construction, location, and materials, as required in 410 I.A.C. 7-24, and as amended hereafter. The County Health Department may prohibit the further use of any equipment that fails to meet the requirements above.
(Ord. 2008-G-0814, passed 5-20-2008) Penalty, see § 10.99