From
James R. Cummings, Environmental Services Director
Title
Ordinance amending the Code of Ordinances, Chapter 13, "Health and Sanitation" Article II. "Food and Food Establishments" by modifying various food permit fees.
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
During the FY 2017/2018 budget process, an ordinance modification was approved that established a $500 annual food service fee for licensed child-care centers. Since the adoption of the new fee, several day cares have expressed concern about the cost. As requested, the attached ordinance lowers the fees. Instead of a $500 fee, the fee will be based on the day cares’ licensed capacities:
<100 children $50 annual fee
100-199 children $100 annual fee
>199 children $200 annual fee
The food service fee is in addition to the child care fee of $30/year plus $1 for licensed capacity over 30 children. Additionally, the ordinance modification establishes an annual fee of $25 for entities distributing meals as part of a U.S. Department of Agriculture or Texas Department of Agriculture program. These programs are run by private contractors primarily within apartment complexes and provide afterschool snacks and summer lunches.
The Public Safety, Health, and Environmental Committee reviewed these fee changes on November 6, 2017. The Finance and Government Committee reviewed these fee changes on November 7, 2017.
Financial Consideration
If approved, there will be an estimated decrease of a $12,100 annually in the General Fund.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE "HEALTH AND SANITATION" CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS BY AMENDING FOOD PERMIT FEES IN ARTICLE II "FOOD AND FOOD ESTABLISHMENTS"; MAKING THIS ORDINANCE CUMULATIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, THE CITY COUNCIL IS EMPOWERED TO ESTABLISH REGULATIONS FOR THE PROTECTION OF PUBLIC HEALTH; AND
WHEREAS, THE CITY COUNCIL IS AUTHORIZED TO SET REASONABLE FEES FOR SERVICES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter XIII, Article II “Food and Food Establishments”, Section 13-20 (a)(2) of the official code of the City of Grand Prairie, Texas is hereby amended to read as follows, with deleted sections indicated in strikethrough text, and added sections indicated in bold, underlined test.
Article II. Section 13-20(a)
(1) The fee for initial issuance of a permit is two hundred dollars ($200.00) for application and the cost listed in 13-20 (a) (2) (A) - (D)(E).
(2) The fee for each annual renewal of the permit shall be:
(A) Food Service - Five hundred dollars ($500.00)
(B) Licensed Child Care Center Food Permits - Five hundred dollars ($500.00)
(B) Licensed Child-Care Center Food Permits - Less than one hundred (100) children - fifty dollars ($50.00); one hundred (100) children to one hundred and ninety-nine (199) children - one hundred dollars ($100.00); more than one hundred and ninety-nine (199) children - two hundred dollars ($200.00). The fee shall be dependent upon a facility's licensed capacity.
(C) Convenience Store - Three hundred dollars ($300.00)
(D) Other Food Establishments - Two hundred and fifty dollars ($250.00)
(E) Feeding programs authorized by the U.S. Department of Agriculture or the Texas Department of Agriculture - Twenty - five dollars ($25.00)
Any failure to pay the annual fee shall cause the permit to be automatically revoked.
SECTION 2. Severability.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 3. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 4. That this ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 7TH DAY OF NOVEMBER, 2017.