(A) Generally.
(1) It is unlawful for a person to operate any bed and breakfast establishment and/or retail food establishment in the county without first obtaining a valid permit from the Health Officer. The valid permit must be posted in a conspicuous location in the bed and breakfast establishment and/or retail food establishment.
(2) Only persons who comply with the applicable requirements of 410 I.A.C. 7-15.5 and/or 410 I.A.C. 7-24 will be entitled to obtain and keep a permit.
(3) A separate permit shall be required for each bed and breakfast establishment, and/or retail food establishment operated or to be operated by any person.
(4) A permit issued under this chapter is not transferable.
(5) Food service permits for temporary food establishments shall be issued for a period of time at a fixed location not to exceed 14 consecutive days in conjunction with a single event or celebration.
(6) Anyone wishing to operate a mobile food service shall provide proof of a permit for the commissary if the commissary is not located and licensed in the county. Commissaries operating in jurisdictions not requiring an individual permit shall not be acceptable for servicing a mobile food service unit licensed in the county.
(B) Permit period.
(1) A permit for a bed and breakfast establishment and/or retail food establishment shall be issued for a term beginning January 1, and/or before commencement of operation, and expiring December 31, of the same year and shall be applied for by the person and/or operator annually.
(2) A permit for a temporary retail food establishment shall be for the term of one continuous operation.
(C) Permit content. Any permit issued by the Health Officer shall contain:
(1) The name and address of the person and/or owner to whom the permit is granted;
(2) The location of the establishment for which the permit is issued;
(3) The issuance and expiration date(s); and
(4) Other such pertinent data as may be required by the County Health Officer.
(D) Application.
(1) A person desiring to operate a bed and breakfast establishment and/or retail food establishment shall submit to the County Health Department a written application for a permit on a form provided by the County Health Department.
(2) A person desiring to operate a temporary food establishment shall submit to the County Health Department a written application for a permit on a form provided by the County Health Department at least 14 days prior to the event.
(E) Content of the application. The application shall include:
(1) The name, mailing address, telephone number, and original signature of the person and/or operator applying for the permit and the name, mailing address, and location of the bed and breakfast establishment and/or retail food establishment;
(2) Information specifying whether the bed and breakfast establishment and/or retail food establishment is owned by an association, corporation, individual, partnership, or other legal entity;
(3) The name, title, address, and telephone number of the operator directly responsible for the bed and breakfast establishment and/or retail food establishment; and
(4) Other information required by the County Health Department.
(F) Qualifications. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment and/or retail food establishment;
(2) Comply with the requirements of this chapter;
(3) Agree to allow access to the bed and breakfast establishment and/or retail food establishment and provide required information; and
(4) Pay the applicable permit fees at the time the application is submitted.
(G) Change of ownership. The County Health Department may renew a permit for an existing bed and breakfast establishment and/or retail food establishment or may issue a permit to a new owner of an existing bed and breakfast establishment and/or retail food establishment after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this chapter.
(H) Responsibilities of the operator. Upon acceptance of the permit issued by the County Health Department, the operator in order to retain the permit shall:
(1) Comply with the provisions of this chapter and all laws and rules adopted by reference in this chapter and the conditions of any variances granted by the State Department of Health;
(2) Immediately discontinue affected operations and notify the County Health Department if an imminent health hazard may exist;
(3) Allow representatives of the County Health Department access to the bed and breakfast establishment and/or retail food establishment at all reasonable times;
(4) Comply with the directives of the County Health Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the County Health Department in regard to the operator’s bed and breakfast establishment and/or retail food establishment or in response to community emergencies;
(5) Accept notices issued and served by the County Health Department;
(6) Be subject to the administrative, civil, injunctive and criminal remedies authorized in law for failure to comply with this chapter or a directive of the County Health Department; and
(7) Post the permit in a location in the bed and breakfast establishment and/or retail food establishment that is conspicuous to consumers.
(Ord. 05-16-2016-4, passed 5-16-2016) Penalty, see § 10.99