HomeMy WebLinkAboutOrder 014 - Temp Restaurant Fee ReductionD A.& # t.. -<
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 25, 2011
Please see directions for completing this document on the next page.
DATE: May 17, 2011
FROM: Eric Mone Health Services -Environmental Health 541-388-6566
TITLE OF AGENDA ITEM:
Consideration of Board Order No. 2011-014 which would extend the fee reduction for temporary
restaurants, set forth by Order No. 2010-038, until October 31, 2011.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The existing Oregon statutes and rules that determine inspection frequency of Temporary Restaurants
have not changed since the early '80's and, as such, are a burden to health inspectors and food vendors
alike. A good example of this is a food vendor selling fish tacos at a Farmer's Market at Drake Park
must be inspected every single week. He must also pay a fee every single week. Another example of
this is if a food vendor wants to sell fish tacos at 3 different events at the Les Schwab Amphitheater
over the course of 7 days, he must be inspected and pay a fee at all 3 events. A permanent restaurant
only receives two inspections per year.
HB 2868 appears likely to be adopted and will reduce the number of required inspections at temporary
restaurants while still maintaining excellent Public Health protection. It will also reduce the amount of
fees owed by food vendors at the above described events. In fiscal year 2010 - 2011, in an effort to
foster community events and knowing that inspection laws were likely changing, the Board passed
Board Order 2010-038 that reduced the fees 50% for the food vendors. The Order stipulated that the
County's general fund would provide revenue to Deschutes County Environmental Health to cover the
reduced revenue due to the fee reduction. The conditions, which motivated the Board to adopt Order
No. 2010-038, have not substantially changed; to wit, Order No. 2011-014 would extend this fee
reduction period until October 31, 2011. The new inspection laws would be enacted January 1, 2012.
FISCAL IMPLICATIONS:
Approximately $10,000
RECOMMENDATION & ACTION REQUESTED:
Environmental Health requests approval.
ATTENDANCE: Eric Mone, Deschutes County Environmental Health
DISTRIBUTION OF DOCUMENTS:
Eric Mone, Environmental Health Supervisor
Nancy England, Contract Specialist, Health Services
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Extending the 50% Fee Reduction for
Temporary Restaurant Operators Permits Adopted
by Order No. 2010-038 from July 1, 2011 to
October 31, 2011.
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ORDER NO. 2011-014
WHEREAS, the Board of County Commissioners passed Order No. 2010-038 adopting a 50%
fee reduction for temporary restaurant operators from July 1, 2010 to June 30, 2011; and
WHEREAS, the conditions which motivated the Board to adopt Order No. 2010-038, as set forth
in the recitals therein have not substantially changed; and
WHEREAS, the 2011 Oregon Legislature is considering a change in state statute that would
modify the method by which temporary restaurant license fees are calculated and temporary restaurant
inspections are conducted, but even if adopted, such changes would not likely take effect prior to January
1, 2012;
Now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS AS FOLLOWS:
Section 1. The temporary fee reduction of 50% for all temporary restaurant licenses, as approved
in Order No. 2010-038, shall be extended from July 1, 2011 until October 31, 2011.
Section 2. This fee reduction will apply to temporary food service permits obtained at least seven
days prior to the event for events that occur from July 1, 2011 to October 31, 2011.
Section 3. Customers will receive a refund for temporary restaurant permits purchased before
the date of this order if they paid the full permit fee and the permit pertains to an event occurring on or
before October 31, 2011.
Section 4. For an event occurring on or after November 1, 2011, the temporary food service
permit fee will be the fees charged on June 30, 2010.
Section 5. The County's general fund will provide revenue to the Deschutes County Health
Services Department, Environmental Health Division to cover the reduced revenue due to fee reduction
set forth herein.
Section 6. Nothing contained herein shall be construed as authorizing the operation of a
temporary restaurant without an approved inspection and proper license.
Section 7. This Order becomes effective on July 1, 2011.
Dated this
ATTEST:
, 20 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner