BLOOMINGTON – The Monroe County Health Department closed nine Subway restaurants in Bloomington on Monday for operating without a valid license after the businesses changed ownership.
According to Indiana code, a food license is not transferable so when a business changes hands new licenses are required. The Health Department and the restaurants’ owner is working diligently to complete the required paperwork and inspections to bring them into compliance with local and state codes so that they can be reopened.
The Subway restaurants closed:
- 319 Winslow Road
- 4623 Richland Plaza
- 1350 West Bloomfield Road
- 4001 Old State Road 37
- 2886 East 3rd Street
- 1799 East 10th Street
- 907 South College Mall Road
- 1839 North Kinser Pike
- 3480 West 3rd Street
Operating a Retail Food Establishment without the proper licensing is a direct violation of the Indiana Retail Food Establishment Requirement definitions 410 IAC 7-24-79 and the Monroe County Ordinance 341.
Monroe County Ordinance 341-4. License: Requirements, Procedure for Issuance, Fees, and Exemptions
(A) It shall be unlawful for any person to operate a retail food establishment, mobile retail food establishment, or temporary retail food establishment in Monroe County if the person does not possess a valid license from the Health Department. A separate license shall be required for each retail food establishment, mobile retail food establishment, or temporary retail food establishment operated by any person. When separate areas for food service or preparation are located in one building and are operated by one owner, the establishment shall be considered as one establishment and only one license shall be required.
(B) Only persons who comply with the applicable requirements of this chapter shall be entitled to receive and retain such a license. A license shall be issued to any person upon application and only after inspection of the retail food establishment, mobile retail food establishment, or temporary retail food establishment, and upon approval by the Health Department. No license, or renewal thereof, shall be denied or revoked on arbitrary or capricious grounds.
(G) A license is not transferable to another location or to another person. In the event of a change of ownership by conveyance, sale contract, lease, or other means, the current license shall become void, and a new license shall be required. A license shall not be issued to a retail food establishment under new ownership until it is in full compliance with all applicable State and local laws.
In the event the Health Department is not notified of a change of ownership of a retail food establishment, a license for the next year shall not be issued until:
(1) the retail food establishment is in full compliance with all applicable State and local laws; and
(2) the past year’s license is paid for in full, including delinquent fees in accordance with subsection (C).