HF 3837

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; eliminating the second inspection fee and the statewide
hospitality fee for elementary and secondary schools; amending Minnesota
Statutes 2005 Supplement, section 157.16, subdivisions 3, 3a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2005 Supplement, section 157.16, subdivision 3, is
amended to read:

Subd. 3.

Establishment fees; definitions.

(a) The following fees are required for
food and beverage service establishments, hotels, motels, lodging establishments, and
resorts licensed under this chapter. Food and beverage service establishments must pay the
highest applicable fee under paragraph (d), clause (1), (2), (3), or (4), and establishments
serving alcohol must pay the highest applicable fee under paragraph (d), clause (6) or (7).
The license fee for new operators previously licensed under this chapter for the same
calendar year is one-half of the appropriate annual license fee, plus any penalty that may
be required. The license fee for operators opening on or after October 1 is one-half of the
appropriate annual license fee, plus any penalty that may be required.

(b) All food and beverage service establishments, except special event food stands,
and all hotels, motels, lodging establishments, and resorts shall pay an annual base fee
of $150.

(c) A special event food stand shall pay a flat fee of $40 annually. "Special event
food stand" means a fee category where food is prepared or served in conjunction with
celebrations, county fairs, or special events from a special event food stand as defined
in section 157.15.

(d) In addition to the base fee in paragraph (b), each food and beverage service
establishment, other than a special event food stand, and each hotel, motel, lodging
establishment, and resort shall pay an additional annual fee for each fee category,
additional food service, or required additional inspection specified in this paragraph:

(1) Limited food menu selection, $50. "Limited food menu selection" means a fee
category that provides one or more of the following:

(i) prepackaged food that receives heat treatment and is served in the package;

(ii) frozen pizza that is heated and served;

(iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;

(iv) soft drinks, coffee, or nonalcoholic beverages; or

(v) cleaning for eating, drinking, or cooking utensils, when the only food served
is prepared off site.

(2) Small establishment, including boarding establishments, $100. "Small
establishment" means a fee category that has no salad bar and meets one or more of
the following:

(i) possesses food service equipment that consists of no more than a deep fat fryer, a
grill, two hot holding containers, and one or more microwave ovens;

(ii) serves dipped ice cream or soft serve frozen desserts;

(iii) serves breakfast in an owner-occupied bed and breakfast establishment;

(iv) is a boarding establishment; or

(v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
patron seating capacity of not more than 50.

(3) Medium establishment, $260. "Medium establishment" means a fee category
that meets one or more of the following:

(i) possesses food service equipment that includes a range, oven, steam table, salad
bar, or salad preparation area;

(ii) possesses food service equipment that includes more than one deep fat fryer,
one grill, or two hot holding containers; or

(iii) is an establishment where food is prepared at one location and served at one or
more separate locations.

Establishments meeting criteria in clause (2), item (v), are not included in this fee
category.

(4) Large establishment, $460. "Large establishment" means either:

(i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
medium establishment, (B) seats more than 175 people, and (C) offers the full menu
selection an average of five or more days a week during the weeks of operation; or

(ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
establishment, and (B) prepares and serves 500 or more meals per day.

(5) Other food and beverage service, including food carts, mobile food units,
seasonal temporary food stands, and seasonal permanent food stands, $50.

(6) Beer or wine table service, $50. "Beer or wine table service" means a fee
category where the only alcoholic beverage service is beer or wine, served to customers
seated at tables.

(7) Alcoholic beverage service, other than beer or wine table service, $135.

"Alcohol beverage service, other than beer or wine table service" means a fee
category where alcoholic mixed drinks are served or where beer or wine are served from
a bar.

(8) Lodging per sleeping accommodation unit, $8, including hotels, motels,
lodging establishments, and resorts, up to a maximum of $800. "Lodging per sleeping
accommodation unit" means a fee category including the number of guest rooms, cottages,
or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
beds in a dormitory.

(9) First public swimming pool, $180; each additional public swimming pool, $100.
"Public swimming pool" means a fee category that has the meaning given in Minnesota
Rules, part 4717.0250, subpart 8.

(10) First spa, $110; each additional spa, $50. "Spa pool" means a fee category that
has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.

(11) Private sewer or water, $50. "Individual private water" means a fee category
with a water supply other than a community public water supply as defined in Minnesota
Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
sewage treatment system which uses subsurface treatment and disposal.

(12) Additional food service, $130. "Additional food service" means a location at
a food service establishment, other than the primary food preparation and service area,
used to prepare or serve food to the public.

deleted text begin (13) Additional inspection fee, $300. "Additional inspection fee" means a fee to
conduct the second inspection each year for elementary and secondary education facility
school lunch programs when required by the Richard B. Russell National School Lunch
Act.
deleted text end

(e) A fee of $350 for review of the construction plans must accompany the initial
license application for restaurants, hotels, motels, lodging establishments, or resorts with
five or more sleeping units.

(f) When existing food and beverage service establishments, hotels, motels, lodging
establishments, or resorts are extensively remodeled, a fee of $250 must be submitted
with the remodeling plans. A fee of $250 must be submitted for new construction or
remodeling for a restaurant with a limited food menu selection, a seasonal permanent
food stand, a mobile food unit, or a food cart, or for a hotel, motel, resort, or lodging
establishment addition of less than five sleeping units.

(g) Seasonal temporary food stands and special event food stands are not required to
submit construction or remodeling plans for review.

Sec. 2.

Minnesota Statutes 2005 Supplement, section 157.16, subdivision 3a, is
amended to read:

Subd. 3a.

Statewide hospitality fee.

new text begin (a) Notwithstanding paragraph (b), new text end every
person, firm, or corporation that operates a licensed boarding establishment, food and
beverage service establishment, seasonal temporary or permanent food stand, special
event food stand, mobile food unit, food cart, resort, hotel, motel, or lodging establishment
in Minnesota must submit to the commissioner a $35 annual statewide hospitality fee for
each licensed activity. The fee for establishments licensed by the Department of Health is
required at the same time the licensure fee is due. For establishments licensed by local
governments, the fee is due by July 1 of each year.

new text begin (b) This subdivision does not apply to elementary or secondary schools.
new text end

Sec. 3. new text begin TRANSFER.
new text end

new text begin $260,000 is transferred from the general fund to the state government special
revenue fund beginning fiscal year 2007 to be used by the commissioner of health to
conduct the second inspection each year for elementary and secondary education facility
school lunch programs when required by the Richard B. Russell National School Lunch
Act, and to fund statewide food, beverage, and lodging program development activities.
new text end