(A) Permits.
(1) It shall be unlawful for any person to operate a food service establishment or temporary food service establishment in the county who does not possess a valid permit from the County Health Officer or his or her duly-authorized representative (hereinafter referred to as “Health Officer”). Such permit shall be posted in a conspicuous place in such food service establishment or temporary food service establishment. Only persons who comply with the applicable requirements of this subchapter shall be entitled to receive and retain such a permit. The permit for a retail food service establishment shall be for a term of one year, beginning January 1 and expiring December 31 of the same year and shall be for the term of one continuous operation. Any permit issued by the Health Officer shall contain the name and address of the person to whom the permit is granted, the address of the premises for which the same is issued and such other pertinent data as may be required by the Health Officer.
(2) A separate permit shall be required for each food service establishment or temporary food service establishment operated or to be operated by any person. A permit issued under this subchapter is not transferable.
(3) A permit shall be issued to any person on application after inspection and approval by the Health Officer; provided, that the food service establishment or temporary food service establishment complies with all the applicable provisions of this subchapter. In the event any permit upon application for renewal is denied, the aggrieved permittee shall be afforded the same rights under this subchapter as is applicable to a permittee upon revocation of a permit under § 112.05(E) and (F).
(4) No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds.
(B) License and license fee.
(1) It shall be unlawful for any person to operate a food service establishment in the county who does not possess a valid license for the operation of such establishment. The license shall be for a term of one year, beginning January 1 and expiring December 31 of the same year and shall be renewed annually.
(2) Such license shall be provided by the County Health Department, if there is presented at the County Health Department, a valid permit from the Health Officer, together with the applicable fee based upon the County Health Department’s fee ordinance as it is presently established or as it may be amended from time to time.
(3) Any person who desires to operate a temporary food service establishment in the county shall, after securing a permit from the Health Officer, obtain from the County Health Department a license for a temporary food service establishment. Such license shall be provided by the County Health Department, if there is presented at his or her office a valid permit from Health Officer, together with the applicable fee based upon the County Health Department’s fee ordinance as established or as may be amended from time to time.
(4) A separate license shall be required for each food service establishment or temporary food service establishment operated or to be operated by any person. A license issued under this subchapter is not transferable.
(C) License and license fee.
(1) No license shall be required and no license fee shall be paid for food service establishments or temporary food service establishments owned or operated by governmental or taxing entities.
(2) No license shall be required and no license fee shall be paid for food service establishments or temporary food service establishments operated by religious, educational or charitable organizations, unless said establishment is in operation more than 30 days in a calendar year; however, such establishments shall comply with other provisions of this subchapter.
(Ord. 2002-2, passed 4-1-2002) Penalty, see § 112.99