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Legislation #: 090937 Introduction Date: 11/5/2009
Type: Ordinance Effective Date: 11/29/2009
Sponsor: None
Title: Amending the 2005 Food Code of the City of Kansas City, Missouri by repealing Section 8-813.11, Fees, and enacting a new section of like name and subject matter to increase various fees such as permit fees, reinspection fees, plan review fees and late fees.

Legislation History
DateMinutesDescription
11/4/2009 Filed by the Clerk's office
11/5/2009 Referred to Public Safety and Neighborhoods Committee
11/18/2009 Advance and Do Pass as a Committee Substitute, Debate
11/19/2009 Passed as Substituted

View Attachments
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090937.pdf Authenticated 471K AUTHENTICATED
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090937 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090937
Food_Permit_Fee10_-_Fact_Sheet(1).xls Fact Sheet 42K Revised Food Fees - Fact Sheet
Food Permit Fee10 - Fiscal Note.XLS Fiscal Note 41K Revised Food Fees - Fiscal Note

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090937

 

Amending the 2005 Food Code of the City of Kansas City, Missouri by repealing Section 8-813.11, Fees, and enacting a new section of like name and subject matter to increase various fees such as permit fees, reinspection fees, plan review fees and late fees.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the 2005 Food Code of the City of Kansas City, Missouri is hereby amended by repealing Section 8-813.11, Fees, and enacting a new section of like name and subject matter to read as follows:

 

8-813.11. Fees.

 

(A) Director’s authority. The director is authorized to charge for the actual cost of providing the Food Code Book to any user and the actual cost of providing any FOOD protection education classes and FOOD HANDLER cards.

 

(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 correspond to truck sales vendor, mobile FOOD service/pushcart and ice cream vendor for each vehicle operated. Catering and Seasonal vendor permit holders shall pay the fees in the fee schedule that correspond to catering and seasonal vendor permits.

 

FEE SCHEDULE

 

Restaurant type

Permit Fee

Plan Review

Fee

Each Reinspection Fee

establishments

0--5 employees

$300

$140

$110

6--9 employees

$376

$170

$135

10--20 employees

$447

$210

$160

21--40 employees

$491

$225

$185

41--60 employees

$523

$240

$210

Each Additional 10 employees

$100

$40

$30

Market Type Establishments

 

Under 3,000 sq. ft.

$223

$100

$150

3,000--30,000 sq. ft.

$447

$210

$175

30,001--40,000 sq. ft.

$600

$280

$200

40,001--60,000 sq. ft.

$899

$410

$225

60,001--80,000 sq. ft.

$1,123

$520

$250

Each Additional 10,000 sq. ft.

$150

$65

$50

Truck sales vendor

$275

N/A

$110

Mobile food service/pushcart

$195

N/A

$110

Ice cream vendor

$50

N/A

$100

6 months Seasonal vendor

$195

N/A

$110

Catering Permit

$375

N/A

$110

Concession Stand/Kiosk Permit

$300

$140

$110

 

Temporary food service Reinspection Fee

 

 1 day operation

 

$125

 2 days operation

 

$125

 3--14 days operation

 

$125

 Not for profit-temp food service

 

$125

 

 

 

 

 

Temporary food service

14 Days Prior to Event Day

13-7 Days

Prior to

Event Day

6-3 Days

Prior to

Event Day

Less than 3 Days Prior to Event Day

Permit Fee

 1 day operation

$50

$60

$72

$86

 2 days operation

$75

$90

$108

$130

 3--14 days operation

$150

$180

$216

$259

 Not for profit-temp food service

$25

$30

$36

$43

 

 

 

 

 

 

(1) Annual permits. All permits are annual permits and shall be valid from January 1 through December 31, except for TEMPORARY FOOD SERVICE ESTABLISHMENT PERMITS and seasonal vendor 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. 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, catering, 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. If a location has multiple FOOD ESTABLISHMENTS or types of FOOD ESTABLISHMENTS as specified in subsections (1) through (10), the PERSON must apply, obtain and pay for a separate permit for each operation.

 

(2) 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 Kansas City Missouri Food Code to the health department for review as specified under section 8-201.11 of the Kansas City Missouri Food Code, the PERSON shall pay a plan review fee in the amount set forth in the fee schedule of this subsection (B).

 

(3) Lost permit fee. There shall be a $15.00 charge to replace a lost PERMIT.

 

(4) 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 $100.00 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, catering or ice cream vendor establishment, the PERSON shall pay a processing fee of $50.00 per PERMIT. The processing fee is in addition to all other fees.

 

(5) 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 1 through December 31 for a restaurant type or market type establishment, the PERMIT fee shall be 25 percent of the annual fee.

 

(6) Reinstatement fees. For food establishments that have had a permit suspended following action taken in accordance with 8-804.10 through 8-804.50 (C), a processing fee in the amount of $100 will be assessed in order to process the reinstatement application and reinstate the permit.

 

(7) Late Fee. PERMIT renewals not submitted to the Health Department by January 31 will be charged a $50.00 per month late fee. On April 1st, all establishments that have not paid the appropriate fee may be subject to a cease operation until all fees have been paid.

 

(8) 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) The Director of Health shall have the authority to annually adjust all 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 city's FOOD protection program. The authorization for the Director of Health to annually increase fees to cover the costs of the FOOD protection program shall be cumulative and the failure of the City to raise fees in any one year shall not waive the Director of Health’s authority to cumulatively raise fees by the consumer price index for missed years as long as the funds are used to fund the City's cost of the FOOD protection program. The adjustments, if made, shall be made annually by the Director of Health in connection 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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Joseph Guarino

Assistant City Attorney