House File 2339 - Introduced
HOUSE FILE
BY PETERSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the establishment and level of fees for the
2 licensing and inspection of hotels, home food establishments,
3 and food establishments.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6321HH 81
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PAG LIN
1 1 Section 1. Section 137C.9, Code 2005, is amended to read as
1 2 follows:
1 3 137C.9 LICENSE FEES.
1 4 Either the department or the municipal corporation shall
1 5 collect the following annual license fees: fees in amounts
1 6 determined by the department by rule to be sufficient to
1 7 offset inspection and administration costs. Fee levels shall
1 8 be adjusted by the department on an annual basis, based upon
1 9 the previous year's inspection and administration cost levels
1 10 as reported by the regulatory authority and an estimate of
1 11 increased costs to be incurred in the upcoming year.
1 12 1. For a hotel containing fifteen guest rooms or less,
1 13 twenty dollars.
1 14 2. For a hotel containing more than fifteen but less than
1 15 thirty=one guest rooms, thirty dollars.
1 16 3. For a hotel containing more than thirty but less than
1 17 seventy=six guest rooms, forty dollars.
1 18 4. For a hotel containing more than seventy=five but less
1 19 than one hundred fifty guest rooms, fifty dollars.
1 20 5. For a hotel containing one hundred fifty or more guest
1 21 rooms, seventy=five dollars.
1 22 Fees collected by the department shall be deposited in the
1 23 general fund of the state. Fees collected by a municipal
1 24 corporation shall be retained by it and for its use.
1 25 Sec. 2. Section 137D.2, subsection 1, Code 2005, is amended
1 26 to read as follows:
1 27 1. A person shall not open or operate a home food
1 28 establishment until a license has been obtained from the
1 29 department of inspections and appeals. The department shall
1 30 collect a fee of twenty=five dollars for a license in an
1 31 amount determined by the department by rule to be sufficient
1 32 to offset inspection and administration costs. Fee levels
1 33 shall be adjusted by the department on an annual basis, based
1 34 upon the previous year's inspection and administration cost
1 35 levels and an estimate of increased costs to be incurred in
2 1 the upcoming year. After collection, the fees shall be
2 2 deposited in the general fund of the state. A license shall
2 3 expire one year from date of issue. A license is renewable.
2 4 Sec. 3. Section 137F.6, Code 2005, is amended to read as
2 5 follows:
2 6 137F.6 LICENSE FEES.
2 7 The regulatory authority shall collect the following annual
2 8 license fees: fees in amounts determined by the department by
2 9 rule to be sufficient to offset inspection and administration
2 10 costs. Fee levels shall be adjusted by the department on an
2 11 annual basis, based upon the previous year's inspection and
2 12 administration cost levels as reported by the regulatory
2 13 authority and an estimate by the regulatory authority of
2 14 increased costs to be incurred in the upcoming year.
2 15 1. For a mobile food unit or pushcart, twenty dollars.
2 16 2. For a temporary food establishment per fixed location,
2 17 twenty=five dollars.
2 18 3. For a vending machine, twenty dollars for the first
2 19 machine and five dollars for each additional machine.
2 20 4. For a food establishment which prepares or serves food
2 21 for individual portion service intended for consumption on=
2 22 the=premises, the annual license fee shall correspond to the
2 23 annual gross food and beverage sales of the food
2 24 establishment, as follows:
2 25 a. Annual gross sales of under fifty thousand dollars,
2 26 fifty dollars.
2 27 b. Annual gross sales of at least fifty thousand dollars
2 28 but less than one hundred thousand dollars, eighty=five
2 29 dollars.
2 30 c. Annual gross sales of at least one hundred thousand
2 31 dollars but less than two hundred fifty thousand dollars, one
2 32 hundred seventy=five dollars.
2 33 d. Annual gross sales of two hundred fifty thousand
2 34 dollars but less than five hundred thousand dollars, two
2 35 hundred dollars.
3 1 e. Annual gross sales of five hundred thousand dollars or
3 2 more, two hundred twenty=five dollars.
3 3 5. For a food establishment which sells food or food
3 4 products to consumer customers intended for preparation or
3 5 consumption off=the=premises, the annual license fee shall
3 6 correspond to the annual gross food and beverage sales of the
3 7 food establishment, as follows:
3 8 a. Annual gross sales of under ten thousand dollars,
3 9 thirty dollars.
3 10 b. Annual gross sales of at least ten thousand dollars but
3 11 less than two hundred fifty thousand dollars, seventy=five
3 12 dollars.
3 13 c. Annual gross sales of at least two hundred fifty
3 14 thousand dollars but less than five hundred thousand dollars,
3 15 one hundred fifteen dollars.
3 16 d. Annual gross sales of at least five hundred thousand
3 17 dollars but less than seven hundred fifty thousand dollars,
3 18 one hundred fifty dollars.
3 19 e. Annual gross sales of seven hundred fifty thousand
3 20 dollars or more, two hundred twenty=five dollars.
3 21 6. For a food processing plant, the annual license fee
3 22 shall correspond to the annual gross food and beverage sales
3 23 of the food processing plant, as follows:
3 24 a. Annual gross sales of under fifty thousand dollars,
3 25 fifty dollars.
3 26 b. Annual gross sales of at least fifty thousand dollars
3 27 but less than two hundred fifty thousand dollars, one hundred
3 28 dollars.
3 29 c. Annual gross sales of at least two hundred fifty
3 30 thousand dollars but less than five hundred thousand dollars,
3 31 one hundred fifty dollars.
3 32 d. Annual gross sales of five hundred thousand dollars or
3 33 more, two hundred fifty dollars.
3 34 7. For a farmers market where potentially hazardous food
3 35 is sold or distributed, one seasonal license fee of one
4 1 hundred dollars for each vendor on a countywide basis.
4 2 A food establishment covered by subsections 4 and 5 shall
4 3 be assessed license fees not to exceed seventy=five percent of
4 4 the total fees applicable under both subsections.
4 5 Fees collected by the department shall be deposited in the
4 6 general fund of the state. Fees collected by a municipal
4 7 corporation shall be retained by the municipal corporation for
4 8 regulation of food establishments and food processing plants
4 9 licensed under this chapter.
4 10 Each vending machine licensed under this chapter shall bear
4 11 a readily visible identification tag or decal provided by the
4 12 licensee, containing the licensee's business address and phone
4 13 number, and a company license number assigned by the
4 14 regulatory authority.
4 15 EXPLANATION
4 16 This bill provides for a change in the method by which fees
4 17 are determined for the licensing and inspection of hotels,
4 18 home food establishments, and food establishments.
4 19 Currently, fee levels are specified for the licensing and
4 20 inspection of hotels in Code section 137C.9, for home food
4 21 establishments in Code section 137D.2, and for food
4 22 establishments in Code section 137F.6. The bill removes these
4 23 specified fee levels, and instead provides that fees shall be
4 24 in amounts determined by the department of inspections and
4 25 appeals by rule sufficient to offset inspection and
4 26 administration costs. The bill provides that the fee levels
4 27 shall be adjusted by the department on an annual basis, based
4 28 upon the previous year's inspection and administration cost
4 29 levels as reported by either the department or a municipal
4 30 corporation which has contracted with the department for
4 31 licensing and inspection, and an estimate of increased costs
4 32 to be incurred in the upcoming year.
4 33 LSB 6321HH 81
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