Any person desiring to operate a mobile food unit 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 in an amount set forth by the Macon County Board of Health.
(A) 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:
(1) The construction of a mobile food unit;
(2) A change of type of food operation if the Health Authority determines that plans and specifications are necessary to ensure compliance with this chapter;
(3) Change of ownership.
(B) 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 mobile food unit 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 mobile food unit to operate.
(C) Annual renewal of permits. For continued operation of the mobile food unit, 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, a local agency, or by a court.
(1) 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 mobile food service unit 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 mobile food unit 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 of the Macon County Food Sanitation Ordinance. The late fee penalty beginning February 1 shall be increased to $200.
(2) All permits shall be automatically suspended should the permit holder cease operation of the mobile food unit for 30 consecutive days or longer if the Health Authority is not given written notice prior to the cessation of operation.
(3) 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.
(D) 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:
(1) The specific reasons and code citations for the permit denial; and
(2) The actions, if any, that the applicant must take to qualify for a permit.
(E) No mobile food unit shall be located within 200 feet of a permanent (i.e. brick and mortar) facility, unless both facilities are owned by the same person.
(F) Mobile food unit hours shall be limited to operational hours of 7:00 a.m. to 10:00 p.m.
(G) Any documentation provided to the City of Decatur must be provided to the Health Authority.
(H) A list of proposed locations and hours of operation for each location.
(Ord. O-138-12-21, passed 12-9-2021)