Section SAF.05.07 — Food Service Permit

(a) No person shall operate a food service establishment on Tribal land who does not have a valid FOOD SERVICE PERMIT issued under this Ordinance.

(1) FOOD SERVICE PERMITS are issued by the Tribe's Health Director, or designee.

(2) FOOD SERVICE PERMITS are not transferable from one food service establishment or permit holder to another.

(3) FOOD SERVICE PERMITS have a term of 12-months from the date of issuance. Permits are automatically renewed when the Environmental Health Advisor completes an annual inspection of the premises that does not identify violations in relation to priority or priority foundation items.

(4) To be valid, a FOOD SERVICE PERMIT unsuspended, unrevoked and unexpired.

(5) FOOD SERVICE PERMITS shall be displayed in a conspicuous location within the food service establishment.

(b) FOOD SERVICE PERMITS will be issued as follows:

(1) All permanent food service establishments must meet the general requirements of the Food Code.

(2) The operator or at least one manager of a permanent food service establishment shall provide proof to the Health Director that the operator or manager has passed an approved examination on food protection practices acceptable under the Food Code. However:

(A) A new food service establishment or a food service establishment undergoing a change of operator shall have a certified food manager within 90 days of the initial day of operation or provide documentation that they are scheduled within three (3) months to take and pass an approved examination.

(B) Food service establishments which are not in compliance because of employee turnover or other loss of a certified manager, shall have 90 days from the date of the loss of a certified manager to comply with this ordinance or provide documentation that the person designated to be the certified food manager will become certified within the time specified in this subparagraph.

(3) The Environmental Health Advisor shall submit a completed food service establishment inspection report to the Health Director.

(4) The Health Director shall issue a FOOD SERVICE PERMIT if the following conditions are met:

(A) There were no priority or priority foundation item deficiencies noted on the establishment inspection report provided by the Environmental Health Officer or any form of report that is used to inspect the facility.

(B) At least one staff member or operator has provided proof that they have received training and passed an approved examination.

(c) Food service establishment employees are not required to obtain and possess a current FOOD HANDLER CARD so long as the permanent food service establishment has a valid Food Service Permit.