HomeMy WebLinkAboutOrdinance 27767-06-2025ORDINANCE NO.27767-06-2025
AN ORDINANCE AMENDING THE FEE SCHEDULE FOR THE
ENVIRONMENTAL SERVICES DEPARTMENT TO ELIMINATE FEES
FOR FARMER'S MARKETS PERMITS, SEASONAL HEALTH PERMITS,
FOOD MANAGER CERTIFICATES, ADDITIONAL DAYS FOR
TEMPORARY HEALTH PERMITS, LATE FEES FOR TEMPORARY
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 FOOD 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
CLAUSE; 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 89a' 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 Units,
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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
SECTION 1.
Consumer Health Fees Ordinance Amendment Ordinance No.27767-06-2025
Page 1 of 3
The fee schedule for the following fees is hereby amended to be and read as follows:
Fee Rate
Fixed Food Establishment < $49,999.99 $385.00 4= S/Empleyee $258.00
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
Health Pefmit Seasonal
SECTION 2.
$i3$ n 4. c /G'.,,..leyee Foe $515.00
$385 nn * 5/Empleyee Foe $773.00
$385 nn * S/Em,leyee F $258.00
$395 nn 4= crc„,..leyee F $258.00
$85.00 $258.00
$0:00 $52.00
15of efhq o $100.00
$1�00 $150.00
$1�00 $200.00
Q'�00 $200.00
$15.00 per- day
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.
Consumer Health Fees Ordinance Amendment Ordinance No.27767-06-2025
Page 2 of 3
All rights and remedies of the City of Fort 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.
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 be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect 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 6.
This Ordinance shall take effect on September 1, 2025.
APPROVED AS TO FORM AND LEGALITY:
L V� �'+t1
M. Kevin Anders, II Assistant City Attorney
ADOPTED: June 24, 2025
Jannette S. Goodall
City Secretary
EFFECTIVE:
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Consumer Health Fees Ordinance Amendment Ordinance No.27767-06-2025
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/24/25 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 for the sale of alcoholic beverages. On May 19,
2025, Texas Governor Greg Abbott signed SB 1008 into law. SB 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
Proposed
Charged by the City of Fort Worth
Rate
Fixed Food Establishment <_ $49,999.99
$258.00
Fixed Food Establishment $50,000.00 - $149,999.99
$515.00
Fixed Food Establishment z $150,000.00
$773.00
Annual Health Permit Fee - Mobile
$258.00
Annual Health Permit Fee - Push Cart I
$258.00
Annual Health Permit Fee - Ice Cream Push Cart jj
$258.00
Temporary Health Permit - Food & Beverage
$52.00
(Temporary Health Permit - Food & Beverage additional
Eliminated
days
'Temporary Health Permit - Special Event Invitation Only
Eliminated
Health Permit (Seasonal)
Eliminated
Permit Reissuance Fee
$100.00
jflre-Permit Request for Services Fee
_
$150.00
Change of Ownership Fee
$200.00 j
Temporary Permit Late Fee
Eliminated
Re-i sn pection Fee
$200.00
The revised fee schedule required by SB 1008 will be posted on the City of Fort Worth website at www.fortworthtexas.gov/health 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
date.
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:
Fee Charged by the City of Fort Worth
Proposed Rate
Annual Health Permit Fee - Full Service
$773.00
Hotel/Motel j I
Annual Health Permit Fee - Limited Service
Hotel/Motel
$580.00
Annual Health Permit Fee - Swimming
$580.00 +
$5.00/Employee
Pool/Spa/Splash Pad
_
Fee
Plan Review Fee: Fixed Facility: Food and
$165.00
Childcare Facility: 0 -150 Sq. Ft.
1
1
Plan Review Fee: Fixed Facility: Food and
Childcare Facility: 151 -1,000 Sq. Ft.
$250.00
Plan Review Fee: Fixed Facility: Food and
$300.00
Childcare Facility: 1,001 -4,000 Sq. Ft.
Plan Review Fee: Fixed Facility: Food and
$350.00
Childcare Facility: 4,001 - 8,000 Sq. Ft.
Plan Review Fee: Fixed Facility: Food and
$425.00
Childcare Facility: 8,001 - 20,000 Sq. Ft.
Plan Review Fee: Fixed Facility: Food and
$500.00
Childcare Facility: Over 20,001 Sq. Ft.
1
Plan Review Fee: Hotel/Motel
$200.00
Plan Review Fee: Swimming Pool/Spa/Splash
$250.00
Pad
(Mobile Vendor Unit Plan Review
$165.00
Food Manager - Certificate Eliminated
Pool Operator Course 11 $100.00 1
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
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 Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Wyndie Turpen 6982
Leticia Cordero 6973
Expedited