Minnesota Legislature
SF 1701
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/20/2012 09:31am
Current Version - 2nd Engrossment
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A bill for an act
relating to health; authorizing the delegation agreement between the
commissioner of health and local governments to specify fees to be charged;
modifying license fees; amending Minnesota Statutes 2010, sections 145A.07,
subdivision 3; 157.16, subdivision 3; 327.15, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 145A.07, subdivision 3, is amended to
read:
Subd. 3.
Terms of agreements.
(a) Agreements authorized under this section must
be in writing and signed by the delegating authority and the designated agent.
(b) The agreement must list criteria the delegating authority will use to determine if
the designated agent's performance meets appropriate standards and is sufficient to replace
performance by the delegating authority.
(c) The agreement may specify minimum staff requirements and qualifications, set
procedures for the assessment of costs, and provide for termination procedures if the
delegating authority finds that the designated agent fails to comply with the agreement.new text begin
The agreement may specify fees to be charged by the designated agent for the provision
of licensing, inspection, or enforcement duties under chapter 157 and sections 327.14 to
327.28. The fees must not exceed the costs, including overhead costs, to the designated
agent for the performance of these duties. The fees collected must not be used for any
other purpose than the purpose for which the fee is collected.
new text end
(d) A designated agent must not perform licensing, inspection, or enforcement duties
under the agreement in territory outside its jurisdiction unless approved by the governing
body for that territory through a separate agreement.
(e) The scope of agreements established under this section is limited to duties and
responsibilities agreed upon by the parties. The agreement may provide for automatic
renewal and for notice of intent to terminate by either party.
(f) During the life of the agreement, the delegating authority shall not perform duties
that the designated agent is required to perform under the agreement, except inspections
necessary to determine compliance with the agreement and this section or as agreed to
by the parties.
(g) The delegating authority shall consult with, advise, and assist a designated agent
in the performance of its duties under the agreement.
(h) This section does not alter the responsibility of the delegating authority for
the performance of duties specified in law.
Sec. 2.
Minnesota Statutes 2010, 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, youth camps, hotels, motels, lodging
establishments, public pools, 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, public pools, and resorts shall pay an
annual base fee of $150.
(c) A special event food stand shall pay a flat fee of $50 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 a school concession stand, and
each hotel, motel, lodging establishment, public pool, 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, $60. "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, $120. "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, $310. "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, $540. "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, $60.
(6) Beer or wine table service, $60. "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, $165.
"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, $10, including hotels, motels,
lodging establishments, and resorts, up to a maximum of $1,000. "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 pool, $325; each additional public pool, $175. "Public pool" means a
fee category that has the meaning given in section 144.1222, subdivision 4.
(10) First spa, $175; each additional spa, $100. "Spa pool" means a fee category that
has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
(11) deleted text begin Private sewer or water, $60deleted text end new text begin Individual private sewer, $30; individual private
water, $30new text end . "Individual private water" means a fee category with a water supply other
than a deleted text begin communitydeleted text end public water supply as defined in deleted text begin Minnesota Rules, chapter 4720deleted text end new text begin
section 144.382, subdivision 4new text end . "Individual private sewer" means a fee category with an
individual sewage treatment system which uses subsurface treatment and disposal.
(12) Additional food service, $150. "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. Additional food service does not apply to
school concession stands.
(13) Additional inspection fee, $360. "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.
(e) A fee for review of construction plans must accompany the initial license
application for restaurants, hotels, motels, lodging establishments, resorts, seasonal food
stands, and mobile food units. The fee for this construction plan review is as follows:
|
Service Area |
Type |
Fee |
| Food |
limited food menu |
$275 |
| small establishment |
$400 |
|
| medium establishment |
$450 |
|
| large food establishment |
$500 |
|
| additional food service |
$150 |
|
| Transient food service |
food cart |
$250 |
| seasonal permanent food stand |
$250 |
|
| seasonal temporary food stand |
$250 |
|
| mobile food unit |
$350 |
|
| Alcohol |
beer or wine table service |
$150 |
| alcohol service from bar |
$250 |
|
| Lodging |
less than 25 rooms |
$375 |
| 25 to less than 100 rooms |
$400 |
|
| 100 rooms or more |
$500 |
|
| less than five cabins |
$350 |
|
| five to less than ten cabins |
$400 |
|
| ten cabins or more |
$450 |
(f) When existing food and beverage service establishments, hotels, motels, lodging
establishments, resorts, seasonal food stands, and mobile food units are extensively
remodeled, a fee must be submitted with the remodeling plans. The fee for this
construction plan review is as follows:
|
Service Area |
Type |
Fee |
| Food |
limited food menu |
$250 |
| small establishment |
$300 |
|
| medium establishment |
$350 |
|
| large food establishment |
$400 |
|
| additional food service |
$150 |
|
| Transient food service |
food cart |
$250 |
| seasonal permanent food stand |
$250 |
|
| seasonal temporary food stand |
$250 |
|
| mobile food unit |
$250 |
|
| Alcohol |
beer or wine table service |
$150 |
| alcohol service from bar |
$250 |
|
| Lodging |
less than 25 rooms |
$250 |
| 25 to less than 100 rooms |
$300 |
|
| 100 rooms or more |
$450 |
|
| less than five cabins |
$250 |
|
| five to less than ten cabins |
$350 |
|
| ten cabins or more |
$400 |
(g) Special event food stands are not required to submit construction or remodeling
plans for review.
(h) Youth camps shall pay an annual single fee for food and lodging as follows:
(1) camps with up to 99 campers, $325;
(2) camps with 100 to 199 campers, $550; and
(3) camps with 200 or more campers, $750.
(i) A youth camp which pays fees under paragraph (d) is not required to pay fees
under paragraph (h).
Sec. 3.
Minnesota Statutes 2010, section 327.15, subdivision 3, is amended to read:
Subd. 3.
Fees, manufactured home parks and recreational camping areas.
(a)
The following fees are required for manufactured home parks and recreational camping
areas licensed under this chapter. Recreational camping areas and manufactured home
parks shall pay the highest applicable base fee under paragraph (b). The license fee for
new operators of a manufactured home park or recreational camping area 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 manufactured home parks and recreational camping areas shall pay the
following annual base fee:
(1) a manufactured home park, $150; and
(2) a recreational camping area with:
(i) 24 or less sites, $50;
(ii) 25 to 99 sites, $212; and
(iii) 100 or more sites, $300.
In addition to the base fee, manufactured home parks and recreational camping areas shall
pay $4 for each licensed site. This paragraph does not apply to special event recreational
camping areas. Operators of a manufactured home park or a recreational camping area
also licensed under section 157.16 for the same location shall pay only one base fee,
whichever is the highest of the base fees found in this section or section 157.16.
(c) In addition to the fee in paragraph (b), each manufactured home park or
recreational camping area shall pay an additional annual fee for each fee category
specified in this paragraph:
(1) Manufactured home parks and recreational camping areas with public swimming
pools and spas shall pay the appropriate fees specified in section 157.16.
(2) Individual private sewer deleted text begin or water, $60deleted text end new text begin , $30; individual private water, $30new text end .
"Individual private water" means a fee category with a water supply other than a
deleted text begin communitydeleted text end public water supply as defined in deleted text begin Minnesota Rules, chapter 4720deleted text end new text begin section
144.382, subdivision 4new text end . "Individual private sewer" means a fee category with a subsurface
sewage treatment system which uses subsurface treatment and disposal.
(d) The following fees must accompany a plan review application for initial
construction of a manufactured home park or recreational camping area:
(1) for initial construction of less than 25 sites, $375;
(2) for initial construction of 25 to 99 sites, $400; and
(3) for initial construction of 100 or more sites, $500.
(e) The following fees must accompany a plan review application when an existing
manufactured home park or recreational camping area is expanded:
(1) for expansion of less than 25 sites, $250;
(2) for expansion of 25 to 99 sites, $300; and
(3) for expansion of 100 or more sites, $450.