Defining Resturant, Food, Itinerant Restaurant and Fixing Penalties

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SECTION ? PERMITS A. Permits. It shall be unlawful for any person to operate a restaurant or itinerant restaurant in the City of South Bend, who does not possess a valid permit from the health officer. Such permit shall be posted in a conspicuous place in such restaurant or itinerant restaurant. Only persons who comply with the applicable requirements of this Ordinance shall be entitled to receive and retain such a permit. The permit for a restaurant shall be for a term of one year beginning January 1st and expiring December 31st of the same year and shall be renewed annually. The permit for an itinerant restaurant shall be for the -term of one continuous operation. Any permit issued by the health officer shall contain the name and address of the per- son to whom the permit is granted, the address of the premises for which the same is issued, and such other pertinent data as may be required by the health officer. A separate permit shall be required for each restaurant or itinerant restaurant operated or to be operated by any person. A permit issued under this ordinance is not transferable. A permit shall be issued to any person on application after inspection and approval by the health officer; provided, that the restaurant or itinerant restaurant complies with all the applicable provisions of this Ordinance. No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds. B. License and License Fee. It shall be unalwful for any person to operate a restaurant in the City of South Bend, who does not possess a valid license for the operation of such establishment. The license shall be for a term of one year beginning January 1st and expiring December 31st of the same year and shall be renewed snnually. Such license shall be provided by the City Cdntroller, if there is presented at his office a valid permit from the health officer together with $20.00, or with $10.00 if the application for license is made on or after July 1st. Any person who desires to operate an itinerant restaurant in the City of South Bend, shall, after securing a permit from the health officer, obtain from the City Controller a license for an itinerant restaurant. Such license shall be provided by the City Controller, if there is presented at his office a valid permit from the health officer, to- gether with $5.00 for each day of operation, not to exceed $20.00 for any one continuous operation. A separate license shall be required for each restaurant or itinerant restaurant operated or to be operated by any person. C. License and Fee Exception. The provisions of this ordinance shall apply to, and a permit as described in Section 2A shall be obtained for, restaurants and itinerant restaurants operated by fraternal organizations, service clubs, religious, educational, and charitable institutions. Provided, however, that no license shall be required and no license fee shall be paid for restaurants or itinerant restau- rants operated by fraternal organizations, service clubs, religious, educational, and charitable institutions. SECTION III. MINIMUM SANITATION REQUIREMENTS FOR RESTAURANTS All restaurants and itinerant restaurants shall comply with the minimum sanitation requirements specified by the Indiana State Board of Health as now provided in its Regulation HFD 17 or as the same may be hereafter changed or amended. Such regulation and any changes and amendments thereto which may be hereafter adopted or promulgated are by reference incorporated herein and made part hereof, two copies of which are on file in the office of the City Clerk of South Bend, Indiana, for public inspection, -2-