(A) Adjustment of Fees. Fees charged in relation to the Food Sanitation Ordinance shall be established by rules adopted by the enforcement authority. Any such rule shall be adopted under the procedures of Chapter 2, Article 15 ROA 1994.
(B) Temporary Fees. The enforcement authority is authorized to collect the following fees until such time as they are adjusted as outlined in § 9-6-1-13(A). These fees are for the purpose of paying the costs reasonably incurred in administering and enforcing the Food Sanitation Ordinance.
(1) Permanent Food Service Establishment. Each permanent food-service establishment shall pay an annual fee of 3/10 of 1% of its gross sales for the previous 12 months, provided that no food-service establishment shall pay an annual fee greater than $700 nor less than $200 except that:
(a) For the first 12 months of operation or portion thereof, the fee shall be $200.
(b) In the case where there is, under single ownership or management, more than one food-service establishment or more than one place within an establishment where food is prepared or served within a single building or structure, and separate inspections are required, as determined by the enforcement authority, each such food-service establishment or place shall pay a separate annual fee. The food service location with the higher gross receipts shall be considered the primary establishment for the purposes of §§ 9-6-1-1 et seq. The fee for each additional food service establishment or place shall be $200, except that in no case shall a permanent food service establishment–cannabis permit be considered as a primary or secondary permit for the purposes of calculating inspection fees for permanent food service establishment permits.
(2) Permanent Food Service Establishment– Cannabis. Each permanent food-service establishment shall pay an annual fee of 3/10 of 1% of its gross sales for the previous 12 months, provided that no permanent food service establishment–cannabis shall pay an annual fee greater than $700 nor less than $200 except that:
(a) For the first 12 months of operation or portion thereof, the fee shall be $200.
(b) In the case where there is, under single ownership or management, more than one food service establishment–cannabis or more than one place within an establishment where edible cannabis products are prepared or served within a single building or structure, and separate inspections are required, as determined by the enforcement authority, each such food service establishment–cannabis shall pay a separate annual fee. The food service establishment– cannabis location with the higher gross receipts shall be considered the primary food service establishment– cannabis for the purposes of §§ 9-6-1-1 et seq. The fee for each additional food service establishment–cannabis shall be $200, except that in no case shall a permanent food service establishment–cannabis permit be considered as a primary or secondary permit for the purposes of calculating inspection fees for permanent food service establishment permits.
(3) Temporary Food-Service Establishments. Each temporary food-service establishment shall pay a fee of $25 for each event and each location. The application for a temporary food service establishment and fee shall be submitted five working days prior to the commencing of operation.
(4) Food Processing Establishments. Each food processing establishment shall pay an annual fee of 3/10 of 1% of its gross sales for the previous 12 months provided that no food processing establishment shall pay a fee greater than $700 nor less than $200 except that:
(a) For the first 12 months of operation the fee shall be $200.
(b) In the case where there is, under single ownership or management, more than one food processing establishment or place, or more than one place within an establishment where food is processed, prepared, packaged, stored or distributed within a single building or structure, and separate inspections are required, as determined by the enforcement authority, each such food processing establishment or place shall pay a separate annual fee. The food processing establishment location with the higher gross receipts shall be considered the primary establishment for the purposes of §§ 9-6-1-1 et seq. The fee for each additional food processing establishment or place shall be $200, except that in no case shall a food processing establishment–cannabis permit be considered as a primary or secondary permit for the purposes of calculating inspection fees for food processing establishments.
(5) Food Processing Establishments–Cannabis. Each food processing establishment–cannabis shall pay an annual fee of 3/10 of 1% of its gross sales for the previous 12 months provided that no food processing establishment–cannabis shall pay a fee greater than $700 nor less than $200 except that:
(a) For the first 12 months of operation or portion thereof, the fee shall be $200.
(b) In the case where there is, under single ownership or management, more than one food processing establishment–cannabis, or more than one place within an establishment where edible cannabis product is processed, prepared, packaged, stored or distributed within a single building or structure, and separate inspections are required, as determined by the enforcement authority, each such food processing establishment–cannabis shall pay a separate annual fee. The food processing establishment–cannabis location with the higher gross receipts shall be considered the primary food processing establishment– cannabis for the purposes of §§ 9-6-1-1 et seq. The fee for each additional food processing establishment– cannabis shall be $200, except that in no case shall a food processing establishment–cannabis permit be considered as a primary or secondary permit for the purposes of calculating inspection fees for food processing establishments.
(6) Limited Facilities. Each limited facility shall pay an annual fee of $120.
(7) Not-for-Profit Facilities. Each food establishment that is not-for-profit or wherein no gross receipts are generated shall pay an annual fee of $120.
(8) Not-For-Profit Distribution Center. Facilities, such as food banks, that have acquired not-for-profit status, which distribute food items directly to consumers, are not assessed an annual fee; however, permits are renewed annually according to anniversary date of the issuance of the permit.
(9) Mobile Prepackaged Vendors. Each mobile prepackaged vendor shall pay an annual fee of $120 for each unit.
(10) Mobile restaurants shall pay an annual fee of $120 for each unit.
(11) Fees for Unscheduled Inspections. In addition to the annual fees provided by this section, all persons engaged in the sale or processing of food shall pay reasonable fees and costs when the enforcement authority is required to reinspect as the result of an enforcement action.
(a) Reinspections. A reinspection fee shall be due and payable whenever:
(i) The enforcement authority has given written notice of a Food Sanitation Ordinance violation or violations to the permit holder of a food establishment and the notice contains a reinspection date by which the violation or violations must be corrected; and
(ii) The violation or violations have not been corrected by the reinspection date provided on the notice of violation; and
(iii) An additional re-inspection is necessary to determine that the violation or violations have been corrected.
(iv) Enforcement actions may include, but are not limited to, complaint substantiated reinspections, reinspections resulting in a food establishment grading score of "Unsatisfactory", an imminent health hazard, or an epidemiological investigation.
(b) Owner- initiated Inspection. A permit holder may request an owner initiated inspection no later than three working days following the receipt of the Food Establishment Grading Score of an initial routine inspection. The enforcement authority shall provide a written notice of an additional reinspection fee to cover the cost of conducting the reinspection. This fee shall be paid at City Treasury prior to the time of request of an owner-initiated inspection to the enforcement authority.
(c) Requests for special services and reinspections shall be made on forms provided by the enforcement authority.
(d) Failure to pay such fee shall result in a permit suspension.
(12) Payment of Fees.
(a) Annual fees are due on or before the anniversary date of the issuance of the permit each year; provided, however, that no person shall engage in the operations of a food establishment without first paying an annual fee. The first year's fee shall be $200 except for those which are subject to a fixed fee as provided for in this section. Thereafter, fees based on gross sales will be calculated on the actual gross sales for the previous 12 months. A late charge of 1½% of the annual fee will be assessed for each month or fraction thereof that the annual fee remains unpaid after the due date; provided, however, that the minimum late charge shall be $15.
(b) In the event that any person fails to pay the annual fee by the due date, or remits an amount less than the correct amount of the fee due, the enforcement authority shall determine the amount of the fee due using such statement or other available information. The enforcement authority shall thereupon give written notice to the permit holder of the amount due, which amount shall be paid within five working days of receipt of such notice. Any party aggrieved by the enforcement authority's determination as to the amount due may request a hearing within 15 days of service of written notice of the amount due pursuant to the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(c) In the event that the annual fee is not paid within five working days of the hearing officer's determination of any requested hearing filed, the enforcement authority may suspend the permit and may also take such action as necessary to collect the annual fee, including any late charges, or reinspection fee.
(d) The enforcement authority is authorized and empowered to make inspections and audits of the books and related records of any permit holder subject to the provisions of §§ 9-6-1-1 et seq.; and every such permit holder shall maintain good and accurate books and related records of the gross sales of business done, which books and records shall be made available for inspection and audit as may be deemed by the enforcement authority in the administration of any of the provisions of §§ 9-6-1-1 et seq.
(e) Notices provided for under this section shall be deemed to have been properly served when written notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the enforcement authority.
(f) In addition to the remedies provided above, the enforcement authority may suspend or revoke any permit issued pursuant to §§ 9-6-1-1 et seq. for failure to pay the annual fee, including any late charges, or reinspection fee.
(g) Lien. The city may file a lien against the personal and real property of the permit holder for any delinquent fees and/or penalties.
('74 Code, § 6-25-17) (Ord. 67- 1978; Am. Ord. 48-1979; Am. Ord. 18-1983; Am. Ord. 9-1988; Am. Ord. 20-2010; Am. Ord. 2022-028; Am. Ord. 2023-015)