(A) General.
(1) It is unlawful for a person to operate any bed and breakfast establishment and/or food establishment in Wayne 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 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 food establishment operated or to be operated by any person. This applies to multiple establishments located within the same structure, operating with different names, menus, and/or management.
(4) A permit issued under this chapter is not transferable.
(5) A bed and breakfast establishment and/or food establishment permitted by the Wayne County Health Department shall be considered registered as required in I.C. 16-42-1-6.
(B) Permit period.
(1) A permit for a bed and breakfast establishment and/or 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, by the first business day in February.
(2) A permit for a temporary food establishment shall be for the term of one continuous operation, not to exceed 14 continuous days. Temporary food establishments shall apply for their permit at least seven days in advance of their event. No permit will be issued for establishments failing to comply with this time frame.
(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 Wayne County Health Officer.
(D) Application. A person desiring to operate a bed and breakfast establishment and/or food establishment shall submit to the Wayne County Health Department a written application for a permit on a form provided by the Wayne Health Department.
(E) Content of the application. The application shall include:
(1) The name, mailing address, email 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 food establishment;
(2) Information specifying whether the bed and breakfast establishment and/or food establishment is owned by an association, corporation, individual, partnership, or other legal entity;
(3) A statement specifying whether the bed and breakfast establishment and/or food establishment:
(a) If not permanent, is mobile and/or temporary; and
(b) If the operation includes one or more of the following:
1. Prepares, offers for sale, or serves potentially hazardous food:
a. Only to order upon a consumer's request;
b. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency; or
c. Using time, rather than temperature, as the public health control as specified under 410 I.A.C. 7-24.
d. Prepares acidified foods as defined in 410 I.A.C. 7-21-3.
2. Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps which may include combining potentially hazardous ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;
3. Prepares food as specified under item (E)(3)(b)2. of this section for delivery to and consumption at a location off the premises of the bed and breakfast establishment and/or food establislm1ent where it is prepared;
4. Prepares food as specified under division (E)(3)(b)2. of this section for service to a highly susceptible population, as defined in 410 I.A.C. 7-24;
5. Prepares only food that is not potentially hazardous; or
6. Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous.
(4) The name, title, address, and telephone number of the operator directly responsible for the bed and breakfast establishment and/or food establishment.
(5) The name, title, address, and telephone number of the person who functions as the immediate supervisor of the person specified under division (E)(4) of this section, such as the zone, district, or regional supervisor;
(6) The names, titles, and addresses of:
(a) The persons comprising the legal ownership as specified under division (E)(2) of this section including the owners and operators;
(b) The local resident agent if one is required based on the type of legal ownership.
(7) A statement signed by the applicant that:
(a) Attests to the accuracy of the information provided in the application; and
(b) Affirms that the applicant will:
1. Comply with this chapter; and
2. Allow the Wayne County Health Department access to the bed and breakfast establishment and/or food establishment and records as specified in 410 I.A.C. 7-15.5 and 410 I.A.C. 7-24;
(8) Other information required by the Wayne County Health Department.
(F) Qualification. To qualify for a permit, an applicant must:
(1) Be an owner and/or operator of the bed and breakfast establishment and/or food establishment;
(2) Comply with the requirements of this chapter;
(3) Agree to allow access to the bed and breakfast establishment and/or 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 Wayne County Health Department may renew a permit for an existing bed and breakfast establishment, and/or food establishment or may issue a permit to a new owner of an existing bed and breakfast establishment and/or 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 Wayne 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 herein and the conditions of any variances granted by the Indiana Department of Health;
(2) Immediately discontinue affected operations and notify the Wayne County Health Department if an imminent health hazard may exist;
(3) Allow representatives of the Wayne County Health Department access to the bed and breakfast establishment and/or food establishment at all reasonable times;
(4) Comply with directives of the Wayne County Health Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the Wayne County Health Department in regard to the operator's bed and breakfast establishment and/or food establishment or in response to community emergencies;
(5) Accept notices issued and served by the Wayne County Health Department;
(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this ordinance or a directive of the Wayne County Health Department; and
(7) Post the permit in a location in the bed and breakfast establishment and/or food establishment that is conspicuous to consumers.
(Ord. 2021-011, passed 9-8-2021)