(A) Permits.
(1) (a) It shall be unlawful for any person to operate a retail food establishment, mobile food establishment, temporary food establishment, farmers’ market vendor, or bed and breakfast establishment in the county who does not possess a valid permit from the Health Officer, except when the entire operation of the establishment is receiving inspections by an appropriate state or federal governmental agency.
(b) Valid county food permits shall be posted in a conspicuous place at the establishment at all times.
(2) Only persons who comply with the applicable requirements of this chapter will be entitled to receive, and retain, such a permit.
(3) Permit duration for specific establishments are as follows:
(a) Retail food establishments and bed and breakfast establishments shall be for one year, beginning from the date of issuance, and shall be applied for by the establishment annually;
(b) Mobile retail food establishments shall include expiration on December 31 of the calendar year in which the permit is issued;
(c) Temporary food establishments shall be for the term of one continuous event at one location. This permit is not to exceed 14 consecutive days; and
(d) Farmers’ market vendors permits shall expire on December 31 of the calendar year in which the permit is issued.
(4) Any permits issued by the Health Officer shall contain the name of the establishment, the address of the establishment, duration of the permit, and other pertinent information required by the Health Officer.
(5) Required permits shall be provided by the County Health Officer subject to a completed application, payment of fees, and compliance with all applicable state statutes, rules and regulations, and local chapter. The applicant must be an owner and/or operator of the retail food establishment, mobile food establishment, temporary food establishment, farmers’ market vendor, or bed and breakfast establishment.
(6) A late renewal fee will apply if a permit for a retail food establishment or bed and breakfast establishment is not renewed by the date of expiration. Application for a mobile food establishment, temporary food establishment, or farmers’ market vendor permit must be submitted to the Health Department at least 48 hours prior to start of the event or operation, or late application fees will apply.
(7) Public events where catered food is served or prepared shall occur at a facility holding a valid county establishment permit. This permitted establishment shall obtain a current copy of the caterer’s local Health Department food permit. If the site or the caterer is not permitted, the caterer must obtain a temporary food establishment permit for the event.
(8) Any person who desires to operate a temporary food establishment in the county shall obtain from the Health Officer a permit for a temporary food establishment. Such temporary permit shall be provided by the Health Officer if a completed application for a permit, and appropriate fees, are presented, and the temporary food establishment demonstrates compliance with all critical requirements.
(9) A temporary permit will not be issued to a temporary food establishment in operation in one location for more than 30 days in one calendar year.
(10) A separate permit shall be required for each retail food establishment, mobile establishment, temporary food establishment, farmers’ market vendor, or bed and breakfast establishment operated, or to be operated, by any person. Any permit issued under this chapter is not transferable from one person to another, from one establishment to another, from one mobile unit to another, or from one type of operation to another.
(11) A non-renewable provisional permit is available for a person taking over an existing permitted establishment. The following conditions apply:
(a) The provisional permit shall be provided by the County Health Officer if a completed application, and the appropriate fee, are received by the County Health Department;
(b) The provisional permit will be valid for 90 days from the date of issue. No extensions will be provided;
(c) An annual permit must be obtained before the expiration of the provisional permit. The annual permit will not be issued until all outstanding violations, if any, have been corrected, and an acceptable compliance inspection by the County Health Department is recorded; and
(d) The annual permit shall have the anniversary date of the original date of the provisional permit.
(B) Permit fees.
(1) Except as provided in division (B)(2) below, all permitted establishments must pay permit fees as specified in § 37.28. A receipt for the payment of such fee shall be provided by the County Health Department. The fees paid under this chapter are not transferable or refundable. A permit may not be issued to any establishment where outstanding, or unpaid, fees or penalties are due.
(2) No permit fee shall be required for a food establishment operated by a public school, as defined in I.C. 20-18-2, or for a food establishment owned and operated by the County Government.
(Ord. 2010-08, passed 2-23-2010) Penalty, see § 113.99