(A) Permits.
(1) It shall be unlawful for any person to operate a food establishment in the county without a valid permit issued by the Health Officer. Only persons who comply with the applicable requirements of this chapter shall be entitled to receive and retain such permit. Food establishments operating without a valid permit issued by the Health Officer shall be subject to immediate closure of the food establishment.
(2) A separate permit shall be required for each food establishment operated or to be operated by any person. A permit issued under this chapter is not transferable from person to person or location to location.
(3) In the event that during a period in which a food establishment is operating under a permit validly issued pursuant to this chapter the legal ownership of said food establishment is altered, changed, or otherwise transferred to person(s) who are not listed as owner(s) of said food establishment on the permit application which was approved and under which said food establishment is currently operating, then such person(s) are required to submit a new permit application in accordance with division (B) below in order to continue operating the food establishment in compliance with this chapter, as well as pay any applicable fees that are required.
(4) The Warrick County Health Department reserves the right to require renovations, alterations, or other construction improvements be made, in addition to any other requirements pursuant to this chapter, in order for a permit to be issued under this chapter.
(5) No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds.
(B) Permit application. A person desiring to operate a food establishment shall submit to the Warrick County Health Department a written application for a permit. The application shall include:
(1) The name, mailing address, telephone number, and original signature of the person applying for the permit, and the name, mailing address, and location of the food establishment;
(2) Information specifying whether the 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, supervisor, or person-in-charge who is directly responsible for the day-to-day operation of the food establishment;
(4) The name, title, address, and telephone number of:
(a) The person(s) comprising the legal ownership, including the owners and operators; and
(b) The local resident agent if one is required, based on the type of legal ownership;
(5) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application; and
(b) Affirms the applicant will:
1. Comply with this chapter; and
2. Allow Warrick County Health Department access to the food establishment and records as specified in 410 IAC 7-15.5 and 410 IAC 7-24;
(6) A copy of the applicant's retail merchant certificate as issued by the Indiana Department of Revenue;
(7) A copy of the applicant's certified food handler certificate(s) duly issued by an issuer that is accredited by the American National Standards Institute and the Conference for Food Protection;
(8) A copy of any and all certificates, permits, or approvals validly issued by the county, Indiana Building Commission, state or local Fire Marshal, and the applicable local sewer department;
(9) A full copy of any and all facility and operating plans and specifications as required under 410 IAC 7-24-110 and 7-24-111, including, without limitation, detailed floor layout, equipment specifications, and intended menu, and any additional information as may be requested by the Warrick County Health Department. An applicant's failure to submit such facility and operating plans and specifications in accordance with this division (B)(9) shall result in such application being rejected; and
(10) Any and all additional information as may be required by the Warrick County Health Department in its sole discretion.
(C) Application and permit fees.
(1) Application fees. Any person applying for a permit under this chapter shall be required to tender, in addition to any permit fees required under division (C)(2) below, the following fees, as may be applicable, to the Warrick County Health Department at the time said application is submitted:
(a) A plan review fee of $100 for the review of plans and specifications of the food establishment submitted pursuant to division (B)(9), above.
(b) A fee of $75 in the event that there is a change of ownership of a food establishment operating under a permit validly issued under this chapter as described in division (A)(3) above.
(c) A fee of $100 in the event that, during a period in which a food establishment is operating under a permit validly issued under this chapter, said food establishment intends to undergo renovation, alteration, or other construction such that the documents submitted by the food establishment described in division (B)(9) above as part of the pennit application under which said food establishment is currently operating would not accurately describe the facility and operating plans and specifications of said food establishment following such intended renovation, alteration, or other construction. A person shall not commence any such proposed renovation, alteration, or other construction unless and until said updated facility and operating plans and specifications have been duly submitted to, and approved by, the Warrick County Health Department in accordance with this chapter.
(2) Permit fees. The following fee structures apply with respect to permits issued under this chapter and are in addition to any application fees required under division (C)(1) above:
(a) Food establishment permit fees. An applicant for a food establishment permit shall be required to pay the following fee for the issuance of such permit:
1. One hundred dollars for a food establishment that has five or fewer employees.
2. One hundred twenty-five dollars for a food establishment that employs between six and 25 employees.
3. One hundred fifty dollars for a food establishment that employs between 26 and 50 employees.
4. One hundred seventy-five dollars for a food establishment that employs 51 or more employees.
(b) Temporary event food vendor permit fee. An applicant for a temporary event food vendor permit shall be required to pay a fee of $25 per 24 hours in which the food establishment operates.
(c) Vending machine unit permit fee. An applicant for a vending machine unit permit shall be required to pay a fee of $100 per 12 vending machine units operated as a unit by any one person or company. An additional fee of $10 shall be required for each vending machine unit operated by an applicant that is in excess of 12.
(d) Micro market permit fee. An applicant for a micro market permit fee shall be required to pay a fee of $100 per micro market operated by any one person or company. Nothing in this chapter shall be construed so as to contradict or supersede I.C. 16-42-5-32.
(e) Late fees. An applicant who fails to pay a permit fee under this chapter, as applicable, by the specified due date shall be required to pay a late fee of $200.
(f) Collection of permit fees. All permits fees required under this chapter shall be collected by the Health Officer and shall become a part of the County Health Fund.
(g) Permit fee exception. Not-for-profit organizations, including charitable, religious, or educational organizations, that do not operate as a food establishment for more than 15 days per year shall not be required to pay a permit fee under this chapter. However, all not-for-profit organizations that operate as food establishments in Warrick County are subject to the Indiana Retail Food Sanitation Requirements under 410 IAC 7-24 and shall comply with the provisions of § 134.03.
(D) Permit duration. An applicant for a permit issued under this chapter may apply for the following permit types:
(1) Food establishment permit. A food establishment permit shall be valid for a period beginning on the date said permit is validly issued and expiring on December 31 of the same year and may be renewed annually for periods beginning on January 1 and expiring on December 31 of the same year.
(2) Temporary event food vendor permit. A temporary event food vendor permit is available to a food establishment that operates at a fixed location for a period of time, not to exceed 14 days, in conjunction with a single event or celebration; such permit shall be valid for a period of 24 hours from the time of its issuance and may be renewed no more than three times in a 14 day consecutive period.
(3) Vending machine unit permit. A vending machine unit permit shall be valid for a term of one year beginning on January 1 and expiring on December 31 of the same year and may be renewed annually.
(4) Micro market permit. A micro market permit shall be valid for a period beginning on the date said permit is validly issued and expiring on December 31 of the same year and may be renewed annually for periods beginning on January 1 and expiring on December 31 of the same year.
(E) Responsibilities of permit holder/operator. Upon acceptance of a permit issued by the Warrick County Health Department, and in order to be permitted to operate under the permit, the operator shall at all times:
(1) Comply with the provisions of this chapter and all laws and rules adopted by reference herein and the conditions of any variances granted by the Indiana State Department of Health;
(2) Immediately discontinue operations and notify the Warrick County Health Department if an imminent health hazard, as defined in 410 IAC 7-24-4-7, may exist;
(3) Allow Warrick County Health Department and their representatives or agents access to the food establishment at all reasonable times;
(4) Comply with all directives and orders of the Warrick County Health Department, including, without limitation, time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by Warrick County Health Department regarding the operator's food establishment, or in response to community emergencies;
(5) Accept notices issued and served by the Warrick 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 Warrick County Health Department; and
(7) Post the permit validly issued under this chapter in a location in the food establishment that is conspicuous to consumers.
(8) Ensure that every person who is employed in, or is about to be employed in a food establishment, is familiar with the requirements of 410 IAC 7-24, as amended. A copy of the 410 IAC 7-24, and as amended hereafter, shall be kept on the food establishment premises at all times.
(a) All personnel employed by a food establishment may be required to attend a food safety education program given or facilitated by the Warrick County Health Department for any of the following reasons:
1. If the food establishment is subjected to immediate closure by the Health Officer and the education program is deemed necessary by the Health Officer;
2. If the food establishment is cited with three or more critical violations on two out of three consecutive regular inspections, whether or not the critical violations are the same on each inspection; and/or
3. If the Health Officer determines the necessity of a food safety education program as a result of a hearing dealing with violations of this chapter.
(b) A food establishment shall pay a flat fee of $100 to the Warrick County Health Department for attending the food safety education program, regardless of whether or not the Health Officer deems attendance is voluntary or involuntary.
(9) Refrain from reselling, or purchasing with the intent to resell, any food products prepared and sold by a home based vendor.
(F) Permits for mobile food vendor.
(1) A mobile food vendor desiring to change a menu offered by said mobile food vendor shall obtain prior approval from the Warrick County Health Department prior to such implementation.
(2) A mobile food vendor shall operate from a commissary, as defined under 410 IAC 7-24-16, which shall comply at all times with all applicable requirements of a retail food establishment under 410 IAC 7-24 and this chapter.
(3) Under no circumstances shall any operations of a mobile food vendor be allowed to take place in a private home, residence, or living quarters.
(4) If a mobile food vendor is operating from a food establishment that is not owned by the owner or operator of said mobile food unit, prior to commencing operations such mobile food vendor operator shall provide the Warrick County Health Department with a signed commissary agreement with the owner of the food establishment from which the mobile food vendor is operating, which confirms the permission of the mobile food vendor to use and operate from the food establishment.
(5) A mobile food vendor shall prepare all foods served or offered by said mobile food vendor on-site at the commissary as described in divisions (F)(2) and (4), as applicable.
(G) Certifications for home-based vendors. A home based vendor shall provide to the Warrick County Health Department a copy of the food handler certificate duly issued to said home based vendor, as is required under I.C. 16-42-5.3-7(c).
(H) Notification of micro market operation. In accordance with I.C. 16-42-5-32(e), an owner or operator of a micro market shall notify the Warrick County Health Department no later than ten business days after the installation of the micro market.
(BC Ord. 1984-5, passed 2-27-84; Am. BC Ord. 1986-11, passed 11-14-86; Am. BC Ord. 1991-15, passed 7-22-91; Am. BC Ord. 2013- 19, passed 7-22-13; Am. BC Ord. 2023-09, passed 4-24-23)