(A) General.
(1) It is unlawful for a person to operate any bed and breakfast establishment and/or food establishment in the county, without first obtaining a valid permit from the Health Officer. The valid permit must be posted in a conspicuous location in the bed and breakfast establishment and/or food establishment.
(2) A separate permit shall be required for each bed and breakfast establishment and/or food establishment operated or to be operated by any person.
(3) A permit issued under this chapter is not transferable.
(4) A bed and breakfast establishment and/or food establishment permitted by the County Health Department shall be considered registered as required in I.C. 16-42-1-6.
(B) Permit type. A standard bed and breakfast establishment permit and/or retail food establishment permit shall be issued for a term beginning February 1, and/or before commencement of operation, and expiring January 31 of the following year, for a single permanent location, or transport and/or delivery service for pre-packaged food when there is no food handling, and shall be applied for by the person and/or operator annually.
(C) A seasonal retail food establishment permit shall be for a term of one continuous operation of more than 14 days and not to exceed six months. A seasonal or mobile retail food establishment may be operated at various locations within the county, provided the operator submits a schedule of events disclosing the dates and locations where food will be served.
(D) A public school concession stand permit shall be issued to a school corporation before commencement of operation and shall expire July 31, and shall not exceed 12 consecutive months. A public school concession stand may be operated in conjunction with school-sponsored events within various approved permanent structures on the school grounds, provided the operator submits a schedule of events disclosing the dates and locations where the food will be served. If the operator is an organization that is exempt from taxation under Section 501 of the Internal Revenue Code, documentation should be provided to the Health Department.
(E) A probationary retail food establishment permit or a probationary bed and breakfast permit may be issued to an operator whose inspection reports show a history of noncompliance or, upon expiration of a provisional permit, or when the operator is not in substantial compliance with 410 I.A.C. 7-22, 410 I.A.C. 7-24 and this chapter. Probationary permits are issued for a period of up to 30 days, and may be renewed once for up to 30 additional days. A probationary permit also may be issued to establishment operators who fail to notify the Health Department of an intent to operate, a change of ownership, or who fail to submit construction plans for new or extensively remodeled establishments.
(F) (1) A provisional retail food establishment permit or provisional bed and breakfast permit may be issued for a retail food establishment or bed and breakfast for the following reasons:
(a) New business.
(b) Change of operator.
(c) Extensive remodeling or change of menu type.
(2) A provisional permit may be issued for up to 60 days and may not be renewed.
(G) A temporary retail food establishment permit shall be for a period of no more than 14 consecutive days in conjunction with a single event or celebration in one location. A permit for a temporary food establishment shall be for the term of one continuous operation.
(H) Permit content. Any permit issued by the Health Officer shall contain:
(1) The name of the establishment for whom the permit is granted;
(2) The location of the establishment or name of the event for which the permit is issued;
(3) The name of the establishment operator;
(4) The permit type;
(5) The issuance and expiration date(s); and
(6) Other such pertinent data as may be required by the County Health Officer.
(I) Application. A person desiring to operate a bed and breakfast establishment and/or food establishment shall submit to the County Health Department a written application for a permit on a form provided by the County Health Department.
(J) Qualification. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment and/or food establishment;
(2) Comply with the requirements of this chapter and applicable law;
(3) Agree to allow access to the bed and breakfast establishment and/or food establishment and provide required information; and
(4) Pay the applicable plan review fees and/or permit fees at the time the application is submitted.
(K) Plans requirements.
(1) The owner or other authorized agent of an existing or proposed bed and breakfast establishment and/or food establishment shall submit to the County Health Department properly prepared plans and specifications for review and approval before:
(a) The construction of a bed and breakfast establishment and/or food establishment;
(b) The conversion of an existing structure for use as a bed and breakfast establishment and/or food establishment; or
(c) The remodeling of a bed and breakfast establishment and/or food establishment or a change of type of bed and breakfast establishment and/or food establishment or food operation if the County 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 food establishment shall include the type of operation, type of food preparation (as specified in Appendix A of the published version of 410 I.A.C. 7-24), the required plan review fee and the menu.
(3) The plans and specifications shall be deemed satisfactory and approved by the County Health Department before a permit can be issued.
(4) A pre-operational inspection shows that the bed and breakfast establishment and/or 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.
(L) Change of ownership. The County Health Department may renew a permit for an existing bed and breakfast establishment and/or food establishment, or may issue a provisional or standard permit to a new owner of an existing and operating bed and breakfast establishment and/or food establishment after a properly completed application is submitted, reviewed, and approved, and the fees are paid.
(M) Responsibilities of the operator. 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 Indiana 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 and/or food establishment at all reasonable times;
(4) Timely comply with directives of the County Health Department;
(5) Accept notices issued and served by the County Health Department;
(6) Be subject to the administrative, civil, injunctive, and injunctive remedies authorized in 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 and/or food establishment that is conspicuous to consumers.
(Ord. 2005-BCC-22, passed 5-16-05; Am. Ord. 2009-BCC-08, passed 2-16-09) Penalty, see § 111.05