(A) License and license fee. It shall be unlawful for any person to operate a retail food establishment or retail food store 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.
(1) Such license for a retail food establishment shall be provided by the county’s Health Department if a valid permit from the Health Officer is presented together with $40, or with $20, if the application for license is made on or after June 1.
(2) Such license for a retail food store shall be provided by the county’s Health Department if a valid permit from the Health Officer is presented together with $30, or with $15, if the application for license is made on or after June 1.
(3) Any person who desires to operate a temporary food 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 establishment. Such license shall be provided by the County Health Department, if a valid permit from the Health Officer, is presented together with $No Fee for each day of operation, not to exceed $No Fee, for any one continuous operation.
(4) A separate license shall be required for each retail food establishment or temporary food establishment operated or to be operated by any person. A license issued under this subchapter is not transferable.
(B) License and fee exception. No license shall be required and no license fee shall be paid for retail food establishments operated by religious, educational or charitable organizations. However, such establishments shall comply with the other provisions of this subchapter.
(C) Exemption from compliance. An organization that is exempt from the state’s gross income tax under I.C. 6-3-2-2.8 and that offers food for sale to the final consumer at an event held for the benefit of the organization is exempt from complying with the requirements of this subchapter that may be imposed upon the sale of food at that event if:
(1) Members of the organization prepare the food that will be sold;
(2) Events conducted by the organization under this section take place for no more than 30 days in any calendar year; and
(3) The name of each member who has prepared a food item is attached to the container in which the food item has been placed.
(Ord. 96-5-1, passed 5-21-1996) Penalty, see § 110.99