COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010355
Calling for submission to
the voters of Kansas City, at a special election to be held on August 7, 2001,
a question authorizing the City of Kansas City to impose a new schedule of
Health Department Food Protection Program fees that increases the fees and
establishes new fees to fund the Health Departments cost of the Food
Protection Program; amending Chapter 30 of the Code of Ordinances, entitled
Food and Food Products, by repealing 30-75 therein, entitled Fees, and
enacting in lieu thereof a new section of like number and subject matter
establishing a new fee schedule and declaring the effective date thereof;
directing the City Clerk to notify the responsible election authorities of the
election; recognizing this ordinance to be an emergency measure.
WHEREAS, a
special election may be held throughout the City on August 7, 2001; and
WHEREAS, the City
Council desires to establish a new fee schedule that increases the fees and
establishes new fees for the Health Department Food Protection Program to fund
Citys cost of the Food Protection Program; and
WHEREAS, Article
X, Section 22 of the Missouri Constitution (the Hancock Amendment) prohibits
political subdivisions from levying any new tax, license or fee without the
approval of a majority of the voters voting thereon; NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
an election is hereby called for submitting to the voters of Kansas City the
question of authorizing the City to impose a new schedule of Health Department
Food Protection Program fees that increases the fees and establishes new fees
to fund the Health Departments cost of the Food Protection Program. The
question shall be submitted to the voters at a special election to be held on
August 7, 2001.
Section 2. The
notice of this election will read as follows:
=============================================================
NOTICE OF ELECTION
KANSAS CITY, MISSOURI
Notice
is hereby given that Kansas City has called an election to be held in the City
on Tuesday, August 7, 2001, between the hours of 6:00 a.m. and 7:00 p.m. C. D.
T., at which election all qualified voters residing within Kansas City,
Missouri, will be given the opportunity to vote.
The official
ballot will be in substantially the following form:
__________________________________________________________________
OFFICIAL BALLOT
KANSAS CITY, MISSOURI
SPECIAL ELECTION, AUGUST 7, 2001
QUESTION NO. ___
Shall
the City of Kansas City be authorized to impose new and increase existing
permit, reinspection and plan review fees, which may be adjusted annually to
reflect the Consumer Price Index, to be paid by persons operating food
establishments as set forth in Committee Substitute for Ordinance No. 010355?
_____
Yes
_____
No
[Instructions to voters will
be supplied by the election authorities]
______________________________________________________________
A full and
complete copy of Committee Substitute for Ordinance No. 010355 submitting the
above question to the electorate, is on file in the office of the City Clerk of
Kansas City, Missouri where the same is open for inspection and copying.
The polling
places for the election will be [insert list of polling places in last
publication only].
=====================================================================
I hereby certify that the
foregoing are the legal notice to be published pursuant to Section 115.127,
RSMo, as amended and the sample ballot.
Given under my hand and the
official seal of Kansas City, Missouri, this _____ day of ______________, 2001.
(SEAL)
______________________________________
CATHERINE
T. ROCHA
City
Clerk of Kansas City, Missouri
Before me, a
notary public, personally appeared Catherine T. Rocha, to me known to be the
City Clerk of Kansas City, Missouri, and the person who acknowledged to me that
she executed the same for the purposes therein stated.
______________________________________
Notary
Public
My commission expires:
________________________
Section 3. If a
majority of the qualified voters voting at said election shall vote in favor of
the approval of the question, Chapter 30 of the Code of Ordinances, entitled
Food and Food Products, shall be amended by repealing Section 30-75 therein,
entitled Fees, and enacting in lieu thereof a new section of like number and
subject matter to become effective immediately upon certification of the
election results by the election authorities, said section to read as follows:
Sec. 30-75. Fees.
(a) For the
purpose of determining the permit fees and all other fees required to be paid
by any person operating a FOOD ESTABLISHMENT as defined by section
1-201(10)(B)(31) of the 1999 Food Code, the following definitions shall be used
to determine the FOOD ESTABLISHMENTs fees under subsection (b).
(1) Ice Cream Vendor means
a person who sells prepackaged frozen ice cream products or novelties from a
motor vehicle designed for that purpose.
(2) Market Type Establishment
means any place or section of a place where food and food products are
offered to the consumer and intended for off-premise consumption. The term
includes delicatessens that offer prepared food in bulk quantities only. The
term does not include establishments which handle only prepackaged,
non-potentially hazardous foods; roadside markets that offer only fresh fruits
and fresh vegetables for sale; restaurant type establishments; or food and
beverage vending machines.
(3) Mobile Food Service
means a vehicle-mounted restaurant type establishment designed to be readily
movable.
(4) Pushcart means a
non-self-propelled vehicle limited to serving non-potentially hazardous foods
or commissary-wrapped food maintained at proper temperatures, or limited to the
preparation and serving of frankfurters.
(5) Restaurant Type Establishment
means any place or section of a place where food is prepared and intended
for individual portion service, and includes the site at which individual
portions are provided. The term includes any such place regardless of whether
consumption is on or off the premises and regardless of whether there is a
charge for the food. The term includes delicatessens that offer prepared food
in individual service portions. The term does not include private homes where
food is prepared or served for individual family consumption, market type
establishments, the location of food vending machines, and supply vehicles.
(6) Temporary Food Service
Establishment means a restaurant type establishment that operates at a
fixed location for a period of time of not more than 14 consecutive days in
conjunction with a single event or celebration. For purposes of the
not-for-profit temporary food service fee, a not-for-profit entity is one
that is operated by entities such as a political subdivision, elementary or secondary
school or any charitable, religious, fraternal or other not-for-profit
organization and can provide proof in the form of a tax exemption letter from
the State or Internal Revenue Service.
(7) Truck Sales Vendor
means a person who sells prepackaged frozen foods at retail from a motor
vehicle that is equipped with a refrigeration unit capable of maintaining a
temperature of 0 degrees Fahrenheit.
(b) Fee
schedule. All fees shall be paid in accordance with the fee schedule contained
in this subsection (b). Restaurant type establishments shall pay fees based
on the number of its employees and market type establishments shall pay fees
based on the total square footage of the market type operation within the
building. The appropriate fee shall be determined on the date of the
application. Temporary food service establishments shall pay fees based on the
number of days of operation and each temporary food service establishment at
any given event or location is required to obtain and pay for a permit in the
amount required by the fee schedule of this subsection (b) prior to beginning
operation. Truck sales vendor, mobile food service/pushcart and ice cream
vendor shall pay the fees in the fee schedule that corresponds to truck sales
vendor, mobile food service/pushcart and ice cream vendor for each vehicle
operated.
FEE
SCHEDULE
|
|
|
PLAN
|
FIRST
|
EACH ADDITIONAL
|
|
PERMIT
FEE A
|
PERMIT
FEE B
|
REVIEW FEE
|
REINSPECTION FEE
|
REINSPECTION FEE
|
|
|
|
|
|
|
RESTAURANT
TYPE ESTABLISHMENTS
|
|
|
|
|
|
0-5
EMPLOYEES
|
$200.00
|
$275.00
|
$70.00
|
$75.00
|
$100.00
|
6-9
EMPLOYEES
|
$250.00
|
$345.00
|
$85.00
|
$75.00
|
$150.00
|
10-40
EMPLOYEES
|
$300.00
|
$410.00
|
$105.00
|
$75.00
|
$200.00
|
41
OR MORE EMPLOYEES
|
$350.00
|
$480.00
|
$120.00
|
$75.00
|
$250.00
|
|
|
|
|
|
|
MARKET
TYPE ESTABLISHMENTS
|
|
|
|
|
|
UNDER
3,000 SQ. FT
|
$150.00
|
$205.00
|
$50.00
|
$75.00
|
$100.00
|
3,000
- 30,000 SQ. FT
|
$300.00
|
$410.00
|
$105.00
|
$75.00
|
$150.00
|
30,001
- 40,000 SQ. FT
|
$400.00
|
$550.00
|
$140.00
|
$75.00
|
$200.00
|
40,001
- 60,000 SQ. FT
|
$600.00
|
$825.00
|
$205.00
|
$75.00
|
$250.00
|
OVER
60,000 SQ. FT
|
$750.00
|
$1,030.00
|
$260.00
|
$75.00
|
$250.00
|
|
|
|
|
|
|
TRUCK
SALES VENDOR
|
$150.00
|
$205.00
|
N/A
|
$75.00
|
$100.00
|
|
|
|
|
|
|
MOBILE
FOOD SERVICE / PUSHCART
|
$100.00
|
$140.00
|
N/A
|
$75.00
|
$100.00
|
|
|
|
|
|
|
ICE
CREAM VENDOR
|
$25.00
|
$25.00
|
N/A
|
$75.00
|
$100.00
|
|
|
|
|
|
|
TEMPORARY
FOOD SERVICE
|
|
|
|
|
|
1
DAY OPERATION
|
$50.00
|
$50.00
|
N/A
|
$50.00
|
$100.00
|
2
DAYS OPERATION
|
$75.00
|
$75.00
|
N/A
|
$50.00
|
$100.00
|
3-14
DAYS OPERATION
|
$150.00
|
$150.00
|
N/A
|
$50.00
|
$100.00
|
NOT
FOR PROFIT-TEMP FOOD SERVICE
|
$25.00
|
$25.00
|
N/A
|
$50.00
|
$75.00
|
|
|
|
|
|
|
(1) Phase in of
Permit Fees. For the first twelve months after the date of certification of
the election results, permit fees shall be paid in accordance with the column
titled PERMIT FEE A in the fee schedule in this subsection (b). For each
year thereafter, permit fees shall be paid in accordance with the column titled
PERMIT FEE B in the fee schedule in this subsection and as modified by
subsection (c).
(2) Annual Permits.
All persons who operate a restaurant type establishment, market type
establishment, mobile food service or pushcart or as a truck sales vendor or
ice cream vendor shall obtain and pay for an annual permit in the amount
required by the fee schedule of this subsection (b) prior to beginning
operation. An annual permit is valid from January 1st through December
31st. All persons are required to obtain an annual permit for each type of
operation as defined in subsection (a) of this section and if a location has multiple
operations or more than one type of operation, a permit must be obtained and
paid for each operation in the amount required by the fee schedule of this
subsection (b) prior to beginning operation. Any person who operates as a
truck sales vendor, ice cream vendor, mobile food service or pushcart vendor
shall obtain and pay for an annual permit for each vehicle in the amount
required by the fee schedule of this subsection (b) prior to beginning
operation.
(3) Plan Review fees. When a
person is required to submit plans for the construction, conversion or
remodeling of any FOOD ESTABLISHMENT as defined by the 1999 Food Code to the
Health Department for review as specified under section 8-201.11 of the 1999
Food Code, the person shall pay a plan review fee in the amount set forth in
the fee schedule of this subsection (b).
(4) Lost Permit Fee.
There shall be a $12.50 charge to replace a lost permit.
(5) Processing Fee
for Initial Permit and Change in Ownership. If a person is applying for an
initial permit or new permit due to a change in ownership for a restaurant type
establishment, market type establishment or truck sales vendor, the person
shall pay a processing fee of $50.00 per permit. If a person is applying for
an initial permit or a new permit due to a change in ownership for a mobile
unit or push cart or ice cream vendor establishment, the person shall pay a
processing fee of $25.00 per permit. The processing fee is in addition to all
other fees.
(6) Initial Permit
fees. If an application is for an initial permit, the person shall estimate
the number of employees who will be working at the food establishment or the
square footage. If the estimate is inaccurate, the permit holder shall amend
the application and pay the appropriate fee. In the event an initial permit
application is filed to begin operation anytime during the period of October
1st through December 31st for a restaurant type or market type
establishment, the permit fee shall be 25 percent of the annual fee.
(7) Exemption. No
charge shall be made for issuance of a permit, license or certificate to a food
service establishment operated by a public tax-supported entity, such as a
public school district.
(c)
Beginning September 31, 2003, the city council shall have authority to annually
adjust all of the fees in subsection (b) to reflect an increase equal to an
increase in the consumer price index (all items/all urban consumers/Kansas
City, Missouri-Kansas) published by the United States Department of Labor,
Bureau of Labor Statistics if the fees imposed in subsection (b) will not cover
the cost of the citys food protection program. The authorization for the city
council to annually increase fees to cover the costs of the food protection
program shall be cumulative and the failure of the city council to raise fees
in any one year shall not waive the city councils authority to cumulatively
raise fees by the consumer price index for missed years as long as the funds
are used to fund the citys cost of the food protection program. The
adjustments shall be made annually by the city council in conjunction with the
adoption of the annual budget of the city by filing a notice with the city
clerk.
(d)
Refunds. There shall be no refund of any fee paid pursuant to this section.
Section
4. That following the effective date of this ordinance the City Clerk shall
deliver certified copies of this ordinance and notice of election to the Board
of Election Commissioners of Kansas City, Missouri, to the Board of Election
Commissioners of Clay County, Missouri, to the Board of Election Commissioners
of Platte County, Missouri, and to the Clerk of the County Commission of Cass
County, Missouri, prior to May 29, 2001.
Section
5. This ordinance, providing for the submission of a question to the people of
Kansas City, Missouri, is recognized to be an emergency measure within the
meaning of Section 15, Article II, of the Charter of the City, and as such
becomes effective immediately following approval by the Mayor.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney