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:

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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:

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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]

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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].

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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)

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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.

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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

(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 31^st 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.

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Approved as to form and legality:

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Assistant City Attorney