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Home My WebLink AboutOrdinance 27757-06-2025ORDINANCE NO.27767-06-202S AN ORDINANCE AMENDING THE FEE SCHEDULE. FOR THE ENVIRONMENTAL SERVICES DEPARTMENT TO ELIMINATE FEES FOR FARMER'S MARKETS PERMITS, SEASONAL HEALTH PERMITS, FOOT) MANAGER CERTIFICATES, ADDITIONAL DAYS FOR TEMPORARY HEALTH YIrRIZ'I'S, LATE FEES FOR TEII�TPORA_Ri HEALTH PERMITS, AND FEES FOR SPECIAL EVENT INVITATION ONLY TEMPORARY HEALTH PERMITS AND AMENDING THE FEE SCHEUDLE TO REFLECT CHANGES IN ANNUAL PERMITTING FEES FOR FIXED FOOD ESTABLISHMENTS, MOBILE FOOL) UNITS, TEMPORARY EVENTS, PRE -PERMIT REQUESTS FOR SERVICES, CHANGE OF OWNERSHIP FOR PERMITS, AND RE -INSPECTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAITSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Environmental Services Department provides certain functions on a fee - for -service basis, with such fees designed to recover some or all of the costs incurred by the City to provide such services; and WHEREAS, the City charges fees for various permits issued to certain food related businesses; and WHEREAS, the 89"' Texas Legislature passed Senate Bill 1008, which amends state law to limit the permits a municipality may require for food related businesses; and WHEREAS, Senate Bill 1008 further limits the fees a municipality may charge for permits issued to food related businesses; and WHEREAS, to comply with Senate Bill 1008, the City Council finds it necessary to eliminate the following fees: Annual Health Permits for .Farmers Markets, Food Manager Certificates, Seasonal Health Permits, Additional Days for Temporary Health Permits, Special Event Invitation Only Temporary Health Permits, and late fees for Temporary Health Permits; and WHEREAS, to comply with Senate Bill 1008, the City Council finds it necessary to amend the amount of the fees the City charges for its Fixed Food Establishments and Mobile Food Urtits, Temporary Event. Permits for events lasting up to fourteen days, the Permit Reissuance Fee, the Pre -Permit Request for Services Fee, the Change of Ownership Fee, and the Re -inspection Fee; NOW, THIS REFORE, BE IT 011DAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS HA'T 9. SECTION 1. The fee schedule for the following fees is hereby amended to be and read as follows: Fee Rate Consumer Health Fees Ordinance Amendment Ordinance No. 27767-06-2025 Page I of 3 Fixed Food Establishment - $49,999.99 Fixed Food Establishment $50,000.00 - $149,999.99 Fixed Food Establishment ? $150,000 Annual Health Permit Fee - Mobile Annual Health Permit Fee - Push Cart Annual Health Permit Fee - Ice Cream Push Cart Temporary Health Permit - Food & Beverage [Permit Reissuance Fee Pre -Permit Request for Services Fee Change of Ownership Fee Re -inspection Fee- 4:k-mpo2rry I-loalth Pc\ -nit FtZd & Beverage ad9,iti3n&,l dar Temporary He tit Ins itntiia IIoulth FG l Tomp 3��}Perm' 't Uto-Fuz Annual I-Iculth Pzrrmit Fcc: - Annual Farmcn ltbrl<,-t Q,85.00 + 5(EnipLryoo Fee $258.00 $i 5.0D 1- Fi piny�-ice $515,00 -� 5CEinplayoo Foe $773.00 A5-il +5/l3-rnpIoy4—c Fee $258.00 $ 35.9010Fx, $258.00 $258,00 $52.00 15°f of Iwla3e $100.00 $+?5.00 $150.00 - a'1 �5.00 $200.00 $200.00 $15.00 pew M5-:00 + WErmpl-ayo�Foo F:3-ad-NlLxlKA�y CC t fVwQ .00 SECTION 2. Approval of this Ordinance will not change the designation of other personnel and departments as acting on behalf of the Financial Management Services (FMS) Department in collecting fees and issuing licenses, as applicable, pursuant to Ordinance 27191-09-2024. SECTION 3. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. All rights and remedies of the City ofFort . Worth, Texas, are expressly saved as to any and all violations of the provisions of Code of the City of Fort Worth which have accrued at the time of the effective date of this Ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. Consumer Health Fees Ordinance Amendment Ordinance No. 27767-06-2025 Page 2 of 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall he declared unconstitutional by the valid judgment or decree of any court of competent .1Uri sd1ct1on, such unconstitutionality shall not arfect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION G. This Ordinance shall take effect on September 1, 2025, APPROVED AS TO FORM AND LEGALITY: 1�? IC��rir� ��ders, 11 M. Kevin Anders, I (Jun 26, 2025 09:48 CDT) M. Kcvin Anders, II Assistant City Attorney ADOPTF_,D: June 24, 2025 EFFECTIVE: September 1, "20?-5 Jannette S. Goodall City Secretary apogaGnp�o�� A�9b941SC C Consumer Health Fccs Ordinance Amendment Ordinance No, 27767-06-2025 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 06124/25 M&C FILE NUMBER: M&C 25-0623 LOG NAME: 22ENV FY25 HEALTH PERMIT FEE SCHEDULE CHANGE SB 1008 SUBJECT (ALL) Adopt Ordinance Amending the Fee Schedule for Consumer Health Permits for the Environmental Services Department RECOMMENDATION: It is recommended that the City Council: Adopt the attached ordinance amending the fee schedule for Annual Health Permit Fees for Fixed Food Establishment, Mobile, Push Cart and Ice Cream Push Cart; and Temporary Health Permits - Food & Beverage, Permit Reissuance Fee, Pre -Permit Request for Services Fee, Change of Ownership Fee and Re -inspection Fee amending the fee schedule to eliminate Temporary Health Permit - Food & Beverage additional days, Temporary Health Permit - Special Event Invitation Only, Health Permit (Seasonal) and Temporary Permit Late Fee. Adopt the attached ordinance amending the fee schedule for Annual Health Permit Fee for Hotel/Motel and Swimming Pool/Spa/Splash Pad, Plan Reviews and Pool Operator Course and amending the fee schedule to eliminate Food Manager - Certificate. DISCUSSION: The Environmental Services Department (Environmental Services) provides consumer health and safety protection services in Fort Worth. Environmental Services issues annual health permits, conducts routine health inspections, and investigates complaints. Environmental Services issues permits to restaurants, grocery stores, other food establishments, swimming pools and spas, childcare centers, and hotels and motels. The 89th Texas Legislature passed Senate Bill 1008 (SB 1008), which limits annual health permit fees that a local health authority may charge for any annual health permit and prohibits multiple, related permits, such as additional local licensing forthe sale of alcoholic beverages. On May 19, 2025, Texas Governor Greg Abbott signed SB 1008 into law. SS 1008 will become effective on September 1, 2025. In order to comply with SB 1008, Environmental Services is requesting that the fee schedule be amended as follows: Fee Charged by the City of Fort Worth ProposedRate Fixed Food Establishment z $49,999A $258,00 II.Fixed Food Establishment $50,000.00 - $149,999.99 $515,00 lFixed Food Establishment ? $150,000.00 $773.00 )Annual Heatth Permit Fee - Mobile I $258.00 �jAnnuai Health Permit Fee - Push Cart $258.00 Annual Health Permit Fee - Ice Cream Push Cart $258.00 Temporary Health Permit - Food & Beverage $52.00 Temporary Health Permit - Food & Beverage additional Eliminated days Temporary Health Permit- Special Event Invitation Onty Elirnirrated IHealih Permit (Seasonal) Eliminated Permit Reissuance Fee $100:00 Pre -Permit Request for Services Fee $150.00 1 Change of Ownership Fee $200,00 �emporary Permit Late Fee Eliminated Re -inspection Fee $200,00 The revised fee schedule required by SB 1008 will be posted on the City of Fort Worth website at www.fortworthtexas.govthealth and emailed to current permit holders who have provided their email addresses to Environmental Services. As required by state law, Environmental Services will submit the revised fee schedule to the Texas Department of State Health Services sixty (60) days before SB 1008's September 1, 2025 effective d ate. Environmental Services recommends the City Council also revise the fees to account for the cost of services provided. Note the Annual Health Permit fees for hotels/motels have been separated into a Full Service Hotel/Motel permit and a Limited Service Hotel/Motel permit. The proposed rate increases, are the first of two recommendations to align all annual health permits in FY27. These fees and others are outlined in the table below r Pee Charged by the City of Fort Worth ►knnual Health Permit Fee - Full Service H otel/M_otel _ Annual Health Permit Fee - Limited Service Hotel/Motel Annual Health Permit Fee - Swimming Pool/Spa/Splash Pad Proposed Rate II I....... $773.00 $580.00 $580,00 + $5.001Employee Fee i Plan Review Fee: Fixed Facility: Food and $1 fi5,00 Childcare Facility: 0 - 150 Sq. Ft. — Plan Review Fee, Fixed Facility: Food and $250.00 Childcare Facility_ 151 - 1,000 Sq. Ft. Plan Review Fee: Fixed Facility: Food and $30a 00 ,Childcare Facility: 1,001 -4,000 Sq. Ft. --- Plan Review Fee: Fixed Facility: Food and $350.00 Childcare Facility: 4,001 - 8,000 Sy. Ft. Plan Review Fee: Fixed Facility: Food and $425,00 Ghildcare Facility: 8,001 - 20,000 Sq. Ft. ' Plan Review Fee: Fixed Facility: Food and I $500.O0 Childcare Facility: Over 20,001 Sq. Ft, �i Plan Review Fee: Hotel/Motel $200.00 Plan Review Fee: Swimming Pool/Spa/Splash I $250.00 Pad Mobil Vendor Unit Plan Review Im $165.00 g _ - Food Manager - Certificate Eliminated i Pool Operator Course $1 00.i3t] A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATICS-KI C€RTIFLGKTION:, The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached ordinances, funds will be deposited in the General Fund. The Environmental Services Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Submitted for City Manaaer's Office bv:. Valerie Washington 6199 Originatino Business Unit Head. Cody Whittenburg 5455 Additional Information Contact: WyndieTurpen 6982 Leticia Cordero 6973 Expedited