EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Health Department)
A BILL ENTITLED
AN ORDINANCE concerning
title
Health Department - Seasonal Food Facility Licenses and Food Facility Late Fees
FOR the purpose of creating seasonal food facility licenses for high priority and moderate priority food facilities; changing the food facility late fee schedule; and providing for a special effective date.
body
BY authority of
Article - Health
Section(s) 6-403 and 6-406
Baltimore City Revised Code
(Edition 2000)
Recitals
Baltimore City Health Code § 6-403 provides for annual license fees to be set from time to time by the Commissioner with the approval of the City Council. Fees are intended to defray the cost of these services to the City and are based on costs to the program.
A cost study undertaken, in 2008, did not take into account that seasonal facilities operating less than 12 months receive fewer inspections.
High priority facilities operating at markets receive 2 as opposed to 3 inspections, but are currently charged the full annual fee.
Fees charged by the City should reflect the cost of providing the service for which the fee is charged.
Baltimore City Health Code § 6-406 provides for the imposition of late fees for facility owners who fail to renew their facility license within 5 days of its expiration, to be set from time to time by the Commissioner with the approval of the City Council. The late fee, which is imposed for each day late after the 5-day grace period is currently set at $25 daily and is capped so as not to exceed the cost of the type of permit being sought.
An administrative late fee is intended, in part, to defray administrative costs to the program that late renewals might cause, and it is also intended, in part, as a punitive measure. In general, there has been little direct cost to the program caused by late renewal. With regard to the punitive aspect, the daily accrual of late fees poses undue burden on business owners who may also receive a $300 Environmental Control Board citation for operating without a license.
A scaled late fee that increases the punitive aspect across the range of days slows the early, rapid accrual of late fees and places greater weight on high priority facility late renewals and renewals more than 30 days late. The reduced schedule will still send the appropriate compliance message, but ease the burden of excessive late fees.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the fees charged by the Health Department for Seasonal Food Facility Licenses are as follows:
Fee Title Current Fee New Fee
Seasonal High Priority Food Facility License $520 $350
Seasonal Moderate Priority Food Facility
License $285 $145
SECTION 2. AND BE IT FURTHER ORDAINED, That the current late fee schedule, shown below,
Current Late Fee Schedule
Risk Priority Class Permit Daily 5 10 20 30 Maximum
Cost Rate Days Days Days Days Late Fee
High Priority $520 $25 $125 $250 $500 $520 $520
Moderate Priority $285 $25 $125 $250 $285 $285
Low Priority $ 65 $25 $ 65 $ 65
is changed as follows:
New Late Fee Schedule
Risk Priority Class Permit 1-5 6-15 16-20 21-25 26-30 Over 30 Maximum
Cost Days Days Days Days Days Days Late Fee
High Priority $520 $25 $50 $100 $200 $400 Pays Max $520
Moderate Priority $285 $15 $25 $ 50 $100 $200 Pays Max $285
Low Priority $ 65 $ 5 $15 $ 30 $ 45 $ 60 Pays Max $ 65
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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