58.03.110 Retail Food Establishments

(a) A retail food vendor license is required for the retail sale of class 3 foods to individuals who are not members of a federally recognized Indian tribe, except that manoomin, maple syrup and maple sugar may be sold to any individual by a vendor who has not obtained a retail food vendor license.

(b) No person or persons, corporation or firm shall operate a retail food establishment within the exterior boundaries of the Turtle Mountain Reservation either permanent or temporary without a valid, unsuspended, unrevoked retail food vendor license issued by the TMBCI tribal licensing authority. Only a person or persons, corporation or firm that complies with the requirements of this section, and the applicable food code pertaining to retail food establishments, shall be entitled to receive and retain a retail food vendor license. The valid license shall be prominently displayed in every retail food establishment.

(c) All retail food establishments must meet the general requirements of the [current FDA Food Code].

(d) The TMBCI tribal licensing authority shall issue a retail food vendor license following receipt of any required fees, inspection of the premises and assurances from the tribal inspector that the applicant has met the conditions required for a satisfactory score pursuant to the Federal Food Code Guidelines with the Hazard Analysis Critical Control Point, Techniques of Quality Control.

(e) Retail food vendor licenses shall be issued by the TMBCI tribal licensing authority for a 12-month period. Retail establishments selling class 3 foods in operation at the time that this title is enacted, shall have 6 months to obtain a valid retail food establishment license.

(f) Inspections.

(1) Inspections of food service premises by the TMBCI tribal licensing authority shall occur twice a year.

(2) At any time during the term of the license, either upon receipt of a complaint or upon its own volition, the TMBCI tribal licensing authority may conduct an unscheduled inspection of a vendor's food preparation site. Any reinspection conducted as a result of a prior violation of applicable law will result in an additional fee to the establishment and satisfactory action must be taken to cure the violation.