(A) Adjustment of Fees. Fees charged in relation to the Retailers, Meat Markets, and Wholesalers 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 § 9-6-2-15(A). These fees are for the purpose of paying the costs reasonably incurred in administering and enforcing the Retailers, Meat Markets and Wholesalers Ordinance.
(C) Inspection Fees.
(1) Each permanent food establishment shall pay an annual inspection fee of 2/10 of 1% of its gross sales for the previous 12 months, provided that such fee shall not be less than $100 nor more than $400 except that:
(a) For the first calendar year of operation or portion thereof, the inspection fee shall be $100 prorated quarterly, but not less than $50.
(b) In the case where there is, under single ownership or management, more than one food establishment or more than one place within an establishment where food is processed, prepared, packaged, stored or offered for sale, and separate inspections are required, as determined by the enforcement authority, each such food establishment shall pay a separate annual fee. The food establishment with the higher gross receipts shall be considered the primary establishment for the purposes of §§ 9-6-2-1 et seq. The inspection fee for each additional food establishment shall not exceed $200. Separate permits are required for permanent food establishments and permanent food establishments–cannabis and permanent food establishments–cannabis plus. In no case shall a permanent food establishment–cannabis or permanent food establishments–cannabis plus permit be considered as a primary or secondary permit for the purposes of calculating Inspection fees for permanent food establishments.
(2) Each permanent food establishment– cannabis or permanent food establishment–cannabis plus shall pay an annual inspection fee of 2/10 of 1% of its gross sales for the previous 12 months, provided that such fee shall not be less than $100 nor more than $400 except that:
(a) For the first calendar year of operation or portion thereof, the inspection fee shall be $100 prorated quarterly, but not less than $50.
(b) In the case where there is, under single ownership or management, more than one permanent food establishment–cannabis or permanent food establishment–cannabis plus or more than one place within an establishment where edible cannabis finished product is offered for sale, donated, or distributed for off-the-premises consumption or in a cannabis consumption area, or where edible cannabis products or edible cannabis finished products are stored, including warehouses, and separate inspections are required, as determined by the enforcement authority, each such permanent food establishment–cannabis or permanent food establishment–cannabis plus shall pay a separate annual fee. The permanent food establishment–cannabis or permanent food establishment–cannabis plus with the higher gross receipts shall be considered the primary permanent food establishment–cannabis or permanent food establishment–cannabis plus for the purposes of §§ 9-6-2-1 et seq. The inspection fee for each additional permanent food establishment–cannabis or permanent food establishment–cannabis plus shall not exceed $200. Separate permits are required for permanent food establishments and permanent food establishments–cannabis and permanent food establishments–cannabis plus. In no case shall a permanent food establishment–cannabis or permanent food establishment–cannabis plus permit be considered as a primary or secondary permit for the purposes of calculating inspection fees for permanent food establishments.
(3) Retail outlets handling only prepackaged milk or mitk products shall pay an annual inspection fee of $15.
(4) Temporary food establishments shall pay a fee of $50 for each location, each time the unit locates or relocates at the same or other location.
(D) Payment of Fees.
(1) Inspection fees are due annually; provided, however, that no person shall engage in the operation of a food establishment without first paying an inspection fee. The first year's fee shall be the amount of $100 prorated on a quarterly basis but shall not be less than $50 except for those which are subject to a fixed fee as provided in divisions (A)(3) and (4) and (B) of 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 inspection fee shall be assessed for each month or fraction thereof that the inspection fee remains unpaid after the due date; provided, however, that the minimum late charge shall be $15.
(2) In the event that any person fails to pay the inspection fee or transfer fee by the due date, or remits an amount less than the correct amount of inspection fee, the Mayor shall determine the amount of the inspection fee due, using such statement or other available information. The Mayor shall thereupon give written notice to such person of the amount due, which amount shall be paid within five working days of receipt of such notice. Any such person may protest the amount so determined by the Mayor within 15 days of receipt of such notice pursuant to the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(3) In the event that the inspection fee is not paid by the due date or within 15 days of the Mayor's determination on any protest filed, the Mayor may file a complaint before the Metropolitan Court, alleging a violation of §§ 9-6-2-1 et seq. and may also take such action as necessary to collect the inspection fee including any late charges.
(4) The Mayor is authorized and empowered to make inspections and audits of the books and related records of any person subject to the provisions of §§ 9-6-2-1 et seq.; and every such person 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 necessary by the Mayor in the administration of any of the provisions of §§ 9-6-2-1 et seq.
(5) Notices provided for under this division 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.
(6) In addition to the remedies provided above, the Mayor may suspend or revoke any permit issued pursuant to §§ 9-6-2-1 et seq. for failure to pay that inspection fee including any late charges. Upon suspension or revocation of any permit, the permit holder may appeal a suspension or revocation pursuant to the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8. Any permit that has been suspended or revoked for nonpayment of the inspection fee including any late charges shall be reinstated upon payment of the inspection fee including any late charges.
(7) Lien. The city may file a lien against the personal and real property of the permit holder for any delinquent permit fee and/or penalty.
(8) Administrative Review. An administrative review shall be conducted by the Mayor of the costs of services and fees every even-numbered year. Recommendations on these costs shall be made to the Council for necessary and appropriate adjustments in fees.
('74 Code, § 6-26-17) (Ord. 70-1978; Am. Ord. 13-1983; Am. Ord. 10-1988; Am. Ord. 2022-027; Am. Ord. 2023-015)