8.05.060 Permits | Jasper County Code

8.05.060 Permits.

It shall be unlawful for any person to operate a retail food establishment; retail food establishment with catering; temporary food establishment; mobile retail food establishment; vending machine operation; or bed and breakfast establishment in Jasper County that does not possess a valid permit issued by the regulatory authority. Such permit shall be posted in the establishment in a place conspicuous to the public.

A. No permit is required for an organization that meets the following requirements:

1. An organization that is exempt from the Indiana gross income tax under IC 6-2.1-3-20 through 6-2.1-3-22 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 IC 16-42-5 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;

b. Events conducted by the organization under this section take place for no more than 30 days in a calendar year; and

c. The name of each member who has prepared the food item is attached to the container in which the food item has been placed. (IC 16-42-5-4a.)

2. This section does not prohibit an exempted organization from waiving the exemption and applying for a license under this chapter. (IC 16-42-5-4b.)

B. An applicant may apply for a permit by submitting a completed application form, along with the appropriate permit fee, to the regulatory authority after meeting the following:

1. A person may not operate a retail food establishment without first having registered with the department as required under IC 16-42-1-6. (410 IAC 7-24-107a.)

2. A retail food establishment registered with a local health department or other regulatory authority shall be considered registered with the department under IC 16-42-1-6. (410 IAC 7-24-107b.)

3. To allow verification that the retail food establishment is constructed, equipped, and otherwise meets requirements of 410 IAC 7-20 and this chapter, the regulatory authority shall be notified of an intent to operate at least 30 days prior to registering. (410 IAC 7-24 and 410 IAC 7-24-107c.)

C. The operator or other authorized agent of an existing or proposed retail food establishment shall submit to the regulatory authority properly prepared plans and specifications for review and approval before:

1. The construction of a retail food establishment;

2. The conversion of an existing structure for use as a retail food establishment; or

3. The remodeling of a retail food establishment or a change of type of retail food establishment or food operation if the regulatory authority determines that plans and specifications are necessary. (410 IAC 7-24-110a.)

D. The plans and specifications for a retail food establishment shall include, as required by the regulatory authority based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate compliance with rule provisions:

1. Intended menu;

2. Anticipated volume of food to be stored, prepared, and sold or served;

3. Proposed layout, mechanical schematics, construction materials, and finish schedules;

4. Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

5. Evidence that standard procedures that ensure compliance with this rule are developed or are being developed;

6. All copies of ServSafe certifications for the establishment;

7. Other information that may be required by the regulatory authority for the proper review of the proposed construction, conversion or modification, and procedures for operating a retail food establishment. (410 IAC 7-24-111a.)

E. Only persons who comply with the applicable requirements specified by Indiana State Department of Health laws and rules and this chapter shall be entitled to and retain such a permit.

F. A permit for a retail food establishment shall be for a term of one year, beginning on January 1st and expiring on December 31st of the same year, and shall be renewed annually. A permit issued at any time during a calendar year shall expire on December 31st of that year.

G. A permit for a temporary retail food establishment shall be for a period of no more than 14 consecutive days in conjunction with a single event or celebration. (410 IAC 7-24-98.)

H. A permit for a seasonal retail food establishment shall be for a period of 180 days in conjunction with all the festivals and fairs in Jasper County.

I. Any permit issued by the regulatory authority shall contain:

1. The name of the establishment;

2. The name of the person(s) to whom the permit is granted;

3. The address of the premises or name of event for which the permit is issued;

4. Whether catering is done at locations other than the permanent address of the establishment;

5. The inclusive dates the permit is valid, if other than for a calendar year; and

6. Other such pertinent information as may be required by the regulatory authority.

J. A separate permit is required for each retail food establishment operated at a separate location.

K. A permit issued to an operator of a retail food establishment under this chapter shall not be sold, assigned, loaned or transferred.

L. A permit shall be issued to any operator upon receipt of a completed application, a copy of ServSafe certification, the appropriate permit fee, and any fines or penalties due, after the retail food establishment has been inspected by the regulatory authority and has been found to be in compliance with all applicable laws, rules, and this chapter. [Ord. 12-27-17B § 6; Ord. 9-6-00D § 6.]