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HomeMy WebLinkAboutTemporary Restaurant Vendor ProposalDATE: TO: May 12, 2010 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 977( 1-1925 (541)388-6575 FAX (541)315-1764 MEMORANDUM http://www.co.deschutes.or us/cdd/ Board of County Commissioners FROM Dave Kanner, County Administrator Scott Johnson, Health Services Director Tom Anderson, Community Development Director SUBJECT: Support for Temporary Restaurant Vendors at Community Events Background: There are a number of community based events that are held throughout Deschutes County each year that provide both economic as well as community building benefit to the County. Examples would include events such as the Bite of Bend, Munch -N -Music, Concerts on the Green, the Sisters Quilt Show, and La Pine Frontier Days, to name just a few. It has been suggested by event organizers that some of these events may be in jeopardy due to what are perceived as inordinately high fees charged by the County for temporary food vendor permits. The purpose of the discussion today is to determine whether the County should modify fees in some way to preserve and assist these events. Fees are set within the Environmental Health Licensed Facility Division of Community Development (the division is being transferred to the Health Services Department as of July 1, 2010) to pay for the cost of providing division services. These services include permanent and temporary restaurant licensing and inspections, as well as licensing and inspection of public pools, tourist facilities and day care centers. School cafeterias are also inspected through contracts with the school districts. Currently, fees for benevolent food service providers and benevolent events are partially or wholly subsidized by the Board of Commissioners. Options for modifying temporary restaurant license fees for community events are summarized below. Discussion Points: • Reductions in level of service may be legally restricted and undesirable due to minimum inspection standards required under state law. Reducing costs in order to reduce fees may therefore not be possible. • It is also largely prohibited under state law to increase fees for one set of customers in order to reduce the fees for another. • Fees for temporary restaurant licenses were reduced as part of the FY 09-10 budget adoption process. Fees for large events having six or more vendors were reduced from $80 to $70, and for intermittent events at the same location, applicants were allowed to purchase four event permits for the price of three. Quality Services Performed with Pride • Some may perceive that it is inequitable to reduce the fees for one set of for-profit businesses and not others or all. i.e., permanent restaurants, building contractors, garbage haulers, etc. • The State is discussing changes to the way fees are charged for temporary food vendors under certain circumstances (see attached draft legislative concept), which may address the issue under discussion for at least some events. This may provide a statutory remedy as early as July 2011 but will provide no assistance prior to that date. • Since these events also benefit the cities in which they are located, it may be desirable to approach them to assist in helping events stay viable prior to legislative action. • Many temporary restaurant applicants (75-100) have already paid fees for summer 2010 events. Any change at this time that created inequities with current paid applicants would likely require further administrative work and corrective action. Fee Modification Options: Revenues from temporary restaurant license fees are estimated to be $55,000 in FY 09-10. Fees are currently $70 (single Targe events) or $80 for temporary food service permits obtained at least seven days prior to the event. Option A: 1. Reduce fees for all temporary restaurant operators to equal fees charged to benevolent organizations ($40). Cost: $27,500 annually. OR 2. Reduce fees for all temporary restaurants to $20 (suggested by event organizers). Cost: $41,250 annually. OR 3. Waive fees for all temporary restaurants in 2010. Cost $55,000. Options/Issues: • Waive/reduce fees for only certain events based on submitted application. • Waive/reduce fees for only certain applicants based on submitted application. Option B: Implement an 'Actual Cost of Service' program • Charge an hourly rate based on the actual time spent at the event. • Event organizer would 'bundle' license applications for all vendors together and serve as the master applicant. • Organizer pays a deposit up front—once actual costs are determined, either refund the difference or invoice the balance. Deposit based on the number of vendors. • Organizer could potentially reduce cost by overseeing vendors during set-up to minimize county inspection time. • Cost savings unknown • Adds administrative staff time, will be difficult to set up on short notice. • All 2010 events or only certain events based on application? Requested Action: Discuss and provide direction to staff on if and how to proceed. Foodborne Illness Prevention Program Draft - Legislative Concept Workgroup Final Summary Report — March 2010 Legislative Concept Workgroup: Facilitated by Eric Pippert, DHS Members: Dave Martin, Department of Human Services Rick Hallmark, Coos County Environmental Health Eric Mone, Deschutes County Environmental Health Toby Harris, Washington County Environmenta Jon Kawaguchi, Multnomah County Environ Mark Doxtader, Tastebud Farm Jaret Foster, Portland Farmers Market Eecole Copen, OHSU Sustainable Fs y ordina Laura Conroy, Hillsboro Farmer Ginger Rapport, Beaverton Fag Betty -Coe R. deBroekert, Food Se ry Comm tee Dawn Smith, Oregon D -i artment ofA r lture Kara Thallon, Oregon R rant Associ alth (CLHO) ealth (CLEHS) Overview: The Department of Hu Prevention Program recommendations borne Illness ed a workg®xRto re and make s to ORS'4 relatig to temporary restaurants. orcem,model for temporary food service ay Markets, has not changed in hat is currently happening in the temporary also does not contemplate seasonal :Jeagu concessions or school athletic seasons, ficulties for both local health authorities and food The licensing, inspe operation decad foop operati which cre does ice industr such as lit e censing service opera The workgroup w, s originally charged with developing recommendations that would be submitted to DHS for consideration as agency legislative concepts by March 2010. However, due to agency deadlines, the concepts will have to find another avenue for consideration during the 2011 legislative session. The workgroup held four meetings on December 14, 2009, January 15, 2010, January 25, 2010 and February 8, 2010. Please refer to the meeting notes for more specific information on the development of these recommendations. FIPP Legislative Concept Workgroup Final Summary Report — March 2010 1 Recommendations: Recommendations for a new temporary restaurant licensing model: 1) The current statutory language relating to temporary restaurant licenses for events such as fairs and fundraisers should be retained. This license will be valid for the length of the event. For-profit and benevolent temporary restaurants would be issued the same license, but the fee should be reduced for benevolent operations. There should be no limits on the number of licenses issued to benevolent organizations (eliminate twa, urrent 13 -license per year limit). 2) A new category will be created to address int =`N ittend seasonal operations such as farmers markets and littl operat • A 90 -day license will be issued t uire one ins Pion and an operational review that will be coK. y ` p " • r to opera ion to assess food safety conce s. • This license would only ap the same location, with the s same supporting jenities (wa munity a VIties that occur at sarne risk -level and the sewer,''rbage services, etc). • There won is sanctioned 1? A Atommen tensing opti le `• ;: hate organ farms ; ;. market The to ) .ealt organizati to be an ":, ated oversight organization" that ority that oversees the operation. orga�� ion is necessary to qualify for the sing categories. The idea is to extend the new -to ve ®ts that operate under the umbrella of a tion as part of an event. Examples include nagement or the Little League board of directors. epartment will be able to verify the legitimacy of the • There will no longer be a requirement that a minimum of six vendors be present for this license to apply. • Vendors, not affiliated oversight organization, are held responsible for the adequacy of the amenities. The temporary restaurant operator, not the sponsor, is the licensee and therefore will be held accountable for lack of necessary amenities such as sewer or water. FIPP Legislative Concept Workgroup Final Summary Report — March 2010 2 • The annual license fee cap should be repealed since the number of inspections will be reduced and annual license fees should not approach the current cap set at the annual restaurant license fee. However, fees should be justified and limited to costs necessary to conduct the inspection. 3) Another new license category will be created to address intermittent operations that occur at the same location, but at different events. For example, a food booth at the county fairgrounds that operates as part of different events each weekend (one weekend the rod he next the county fair). • This license will be good for up to 30 d same menu, location and amenities. • There will also need to be an affi is sanctioned by the regulatory authorit =i ver this organization can be deferent for eac ent. ed to have the t organiza ees the operation, but • The specific events must be required operational review. Issues that will n implement the • in advaias part of the ressed a.8• art of the legislative process or to ons: tempo restaurant operations are not required pegs cannot charge a license or inspection fee. s be r^#uired and should local health department be for inspections conducted? • Risk -ba .<ice 'ing may be part of the licensing and inspection model an ° ld be defined and addressed in rule and as part of the developme%t of the operational review materials. Risk level can include items such as types of food, number of meals served and amenities (water, sewer) available at the event. Inspection frequency may also be determined by the risks associated with the event. • Define "affiliated oversight organization." • Define "community activity." This is needed to help clarify when a temporary restaurant license is appropriate. FIPP Legislative Concept Workgroup Final Summary Report — March 2010 3 • Assure that by changing the statutory language we are not creating a new class of food service operation that would enable individuals to operate under primitive conditions when not associated with an event. • Commissary, cross jurisdictional licensing and issues relating to transportation of food will be addressed in rule. The new operational review requirement can also capture some of this information. The rules should require that there be a higher level of proof to assure that if a commissary is required it is used as necessa • The current rules relating to food handler c� knowledge of the person in charge shou, d necessary. rements and and amended if FIPP Legislative Concept Workgroup Final Summary Report — March 2010 March 2010 FIPP Legislative Concept Workgroup Final Summary Report — March 2010 New license category for intennittent operations that occur at the same fro location, but at different events Food booth at the county fairgrounds that operates as part of different events each weekend (one weekend the rodeo, the next the county fair) • License good for up to 30 days if same menu, location and amenities • Needs an affiliated oversight organization sanctioned by the regulatory authority that oversees the operation, but can be different for each event • Specific events must be identified in advance as part of the required operational review 4 New license category to addessermittent seasonal ..,f4, -rations . Fanners markfs' a �1�` - . tle league o a r,,o, ons , -, locaff ?a nu/risk-level/supporting amenities water,wer, garbage services, etc) • ': eeds an "affiliated oversight organization" °: at is sanctioned by the regulatory authority A. hat oversees the operation <;eNo requirement for a minimum of six vendors • Vendors are responsible for the adequacy of the amenities, such as sewer or water • Annual license fee ca. removed Retain current statutory language relating to temporary restaurant licenses Fairs and fundraisers N N 4- -,' 0 D O0.O O Q, N O .154 U 4~cd 0 0 N = 0� K >..,0 c Licensing Typ e a ''''E 4)M WW G O .a Q A FIPP Legislative Concept Workgroup Final Summary Report — March 2010