(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) Such 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 rules adopted by the State Department of Health in the Indiana Administrative Code shall be entitled to retain such a license.
(D) The licenses for a food establishment shall be for a term of one year, beginning January 1 and expiring December 31 of the calendar year. The fee for the license shall be due and payable in full prior to issuance or renewal of any license. Failure to apply for renewal of a license and payment of the license fee on or before December 31 of a license year shall result in automatic termination of the license to operate after the end of that calendar year. In addition to other available remedies, a fine of $50 per day shall be imposed for operating without a license. All fines must be paid prior to issuance of a new license.
(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 license fee.
(2) A person obtaining a license on or after July 1 shall pay half of 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 such 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, sale 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 establishments operated by religious, educational, or charitable organizations. However, such establishments shall comply with the other provisions of this chapter, and are subject to inspection and approval by the Health Officer or authorized representative.
(K) An organization that is exempt from the state’s gross income tax as a state not-for-profit organization, 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 chapter that may be imposed upon the sale of food at that event if:
(1) A copy of the tax exempt certification form shall be provided as proof to the County Health Department to be kept on file;
(2) Members of the organization prepare the food that will be sold;
(3) Events conducted by the organization under this section take place for no more than 30 days in any calendar year; and
(4) The name of each member who has prepared a food item is attached to the container in which the food item has been placed.
(L) This section does not prohibit an exempted organization from waiving the exemption and applying for a license under this chapter.
(Ord. 1998-06, passed 4-6-1998; Ord. 2004-11, passed 10-19-2004) Penalty, see § 111.99