(a) A person must not operate a food service facility or an itinerant food service facility without a valid license from the director. A separate license is required for each food service facility or itinerant food service facility.
(b) (1) After January 15, 1989, a licensee must not operate a food service facility unless at least one employee is a certified food service manager, or is taking a course that will train the employee to be a certified food service manager.
(2) After July 15, 1989, a licensee must not operate a food service facility unless the facility is under the immediate control of a certified food service manager.
(3) This requirement does not apply to:
(A) A food service facility where no unwrapped food is handled; or
(B) A seasonal food service facility in which little or no potentially hazardous food is prepared, handled or served.
(4) This requirement may be applied to an itinerant food service facility at the discretion of the director.
(5) The director may postpone or waive this requirement if in unusual circumstances its application to a particular licensee would result in undue hardship.
(c) A license is not requested if food or drink is:
(1) Prepared or provided from the homes of members of a nonprofit organization listed in subsection (d);
(2) Shared among the members of the organization at no charge; and
(3) Not served to the public.
(d) A license is not required for a food preparation or serving area that is used exclusively by a volunteer fire company or a nonprofit fraternal, civic, war veterans, religious, or charitable organization to serve the public if:
(1) No potentially hazardous food is prepared or served; and
(2) Food or drink is served less than 5 times a week.
(e) Any food preparation or serving area listed in (d) may be inspected by the director and is subject to the operational provisions of this chapter pertaining to cleanliness, water supply and waste disposal, health of personnel and the handling and wholesomeness of food and drink. (Mont. Co. Code 1965, § 82-10; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 3.)
