(A) It shall be unlawful for a person to operate a food establishment, bed and breakfast establishment, mobile food establishment, temporary food establishment or push cart in the county who does not possess a valid license from the Health Department.
(B) The license may be provided by the County Health Department if a completed application is presented.
(C) Only persons who comply with the applicable requirements of 410 I.A.C. 7-24, Food Service Sanitation; 410 I.A.C. 7-15.5, Bed and Breakfast Establishments, 410 I.A.C. 7-24, Retail Food Store Sanitation Requirements; and 410 I.A.C. 7-24, Sanitation of Vending Foods and Beverages, shall be entitled to retain a license.
(D)
The license for a food establishment shall be for a term of one year, beginning January 1 and expiring December 31 of the calendar year and shall be renewed annually. The fee for the license, which shall be $50, shall be due and payable between January 1 and January 31 of the current calendar year. Failure to pay the fee for the renewal of a license between January 1 through January 31 of the current calendar year shall result in a $10 late fee. The delinquent fee shall be in addition to the annual fee.
(E) The fee for a new food establishment shall be prorated as follows:
(1) A person obtaining a license prior to July 1 shall pay the full amount of the regular annual fee; and
(2) A person obtaining a license on or after July 1 shall pay half the regular annual license fee.
(F) A separate license shall be required for each food establishment, bed and breakfast establishment, mobile food establishment or push cart operated or to be operated by any person.
(G) No new license shall be issued and no license shall be renewed until all outstanding fines and fees are paid in full.
(H) Any license issued by the Health Department shall contain the name of the person to whom the license is granted, and any other pertinent data as may be required by the Health Department. The license shall be posted in a conspicuous place in the food establishment.
(I) (1) A license is not transferable to another location or to another person. In the event of a change of ownership by conveyance, sales contract, lease or other means, the current license shall become void and a new license shall be required. A license shall not be issued to a food establishment under new ownership until it is in full compliance with all applicable state and local laws.
(2) In the event the Health Department is not notified of a change of ownership of a food establishment, a license for the next year shall not be issued until:
(a) The food establishment is in full compliance with all applicable state and local laws; and
(b) All outstanding fines and fees are paid for in full.
(J) No license shall be required and no fee for services shall be paid for a food establishment operated by religious, educational or charitable organizations. However, these establishments shall comply with the other provisions of this chapter and are subject to inspection and approval by the Health Officer or other authorized representative.
(K) (1) An organization that is exempt from the state 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 the chapter that may be imposed upon the sale of food at that event if:
(a) Members of the organization prepare the food that will be sold; and
(b) Events conducted by the organization under this section take place for no more than 30 days in any calendar year.
(2) This section does not prohibit an exempt organization from waiving the exemption and applying for a license under this chapter.
(Ord. O-C-02-4, passed 10-7-2002; Ord. O-C-14-7, passed 10-21-2014) Penalty, see § 111.99