§ 91.22  PERMIT POSTING AND ISSUANCE.
   (A)   Posting. Every food establishment shall prominently and conspicuously post a valid permit for public view.
   (B)   Issuance. Any person desiring to operate a food establishment or to renew an expired permit in Macon County shall make written application for a permit on forms provided by the Macon County Health Department, accompanied by a permit fee, if required, in an amount set forth by the Macon County Board of Health.
      (1)   When plans are required. A permit applicant or permit holder shall submit to the Health Authority properly prepared plans and specifications for review and approval before any of the following can occur:
         (a)   The construction of a food establishment;
         (b)   The conversion of an existing structure for use as a food establishment;
         (c)   The remodel of a food establishment; or
         (d)   A change of type of food establishment or food operation if the Health Authority determines that plans and specifications are necessary to ensure compliance with this chapter.
      (2)   Application for permit. After approval of the plans proposed for the permit by a food establishment, the Health Authority shall conduct an inspection of the premises. If the Health Authority finds that the food establishment is in compliance with the provisions of this chapter, and upon receipt of a completed application, and associated fee, the Health Authority shall issue a permit authorizing the food establishment to operate.
      (3)   Annual renewal of permits. For continued operation of the food establishment, annual renewal of the permit is required. Any permit holder desiring to renew a permit shall apply on the renewal forms provided by the Macon County Health Department, and pay all money due. A renewal permit is not renewable if the permit holder has failed to remit outstanding fines owed to the Macon County Health Department, or has failed to correct repeat priority, priority foundation, and core violations ordered by the Macon County Health Department, a local agency, or by a court.
         (a)   Any permit holder who has not paid their annual fee for their annual renewal of permit by January 1 of the renewal year shall be considered to be operating a food service establishment without a valid permit. A late penalty fee of $50 shall be assessed for permit renewal payments received after January 1 of the permit renewal year. The late penalty shall be increased to $100 for payments received after January 15 of the permit renewal year. Any food service establishment operating on or after February 1 of the renewal year without a renewed, valid permit shall discontinue operation or be subject to prosecution pursuant to § 91.83. The late fee penalty beginning February 1 shall be increased to $200.
         (b)   All permits shall be automatically suspended should the permit holder cease operation of the food establishment for 30 consecutive days or longer if the Health Authority is not given written notice prior to the cessation of operation.
         (c)   The Health Authority will assess an additional fee, in an amount set by the Macon County Board of Health, for expedited processing of permit and renewal applications.
      (4)   (a)   Seasonal permits are those permits issued to a food service establishment that operates only from March 15 through November 30, serving a limited menu for a limited time based on seasonal needs.
         (b)   Seasonal stands electing to serve TCS foods shall meet all applicable requirements for a food service establishment. Those stands unable to meet basic food safety requirements, such as but not limited to, a potable water source under pressure, hot water heating device, proper sewage disposal facilities, required hand washing facilities, and required utensil washing facilities, shall limit their menu.
      (5)   Denial of application of permits. If an application for a permit to operate is denied, the Health Authority shall provide the application with a written notice that includes:
         (a)   The specific reasons and code citations for the permit denial; and
         (b)   The actions, if any, that the applicant must take to qualify for a permit.
      (6)   Change of ownership. If a person is purchasing an existing food establishment, a change in ownership plan review is required prior to issuing a new permit. For any determination of what constitutes a change in permit holder, please contact the Health Authority. To assist in the transition of business, the Health Authority will allow an open and operating food establishment to change ownership without interruption of business provided that the following conditions are met:
         (a)   A plan review for the new permit holder is submitted within 30 days of the execution of the change of owner documents;
         (b)   The food establishment stays within the same category as the previous permit;
         (c)   The food establishment has not been physically altered, equipment has not been removed or added, and the food establishment has not been closed for extensive remodeling or for other reasons;
         (d)   The food establishment has not changed the menu in a manner that requires new food preparation processes, procedures, and/or equipment; or
         (e)   The time to correct all violations cited in a change of ownership inspection does not exceed 90 business days from date of that change of ownership inspection.
   (C)   If the provisions above are not met, then the food establishment shall close, and the new owner will be required to apply for a new permit, including completing the plan review process before the food establishment may reopen.
(Ord. O-132-11-18, passed 11-8-2018)