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HomeMy WebLinkAboutOrdinance 27768-06-2025ORDINANCE NO.27768-06-2025 AN ORDINANCE AMENDING THE FEE SCHEDULE TO REFLECT CHANGES IN PLAN REVIEW AND PERMITTING FEES FOR HOTELS, MOTELS, SWIMMING POOLS, SPAS, SPLASH PADS, FIXED FOOD AND CHILDCARE FACILITIES, MOBILE VENDOR UNITS, AND POOL OPERATORS; 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 annual health permits and plan reviews for hotels, motels, swimming pools, spas, and splash pads; and WHEREAS, the City charges fees for plan reviews for fixed food and childcare facilities and mobile vendor units; and WHEREAS, the City charges fees for pool operator courses; and WHEREAS, the costs the City incurs for performing these services currently exceed the amount of the fee the City charges; and WHEREAS, City Council finds it necessary to amend the fee schedule for the foregoing fees to ensure the City adequately covers its costs for services it provides; and WHEREAS, City Council desires to reclassify the fee for motel -hotel annual health permits based on whether a hotel or motel has an on -site restaurant which serves breakfast, lunch, and dinner; and WHEREAS, City Council desires to incrementally increase the motel -hotel annual health permit fee for hotels and motels that do not have an on -site restaurant which serves breakfast, lunch, and dinner. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. The fee schedule for the following fees is hereby amended to be as follows: Fee Rate Annual Health Permit Fee — Motel -Hotel $5 nn Effiyl yee • Full Service: Hotels and motels that have a restaurant Fee which serves breakfast, lunch, and dinner Full Service: $773.00 Consumer Health Fee Schedule Ordinance Ordinance No. 27768-06-2025 Page 1 of 3 • Limited Service: Hotels and motels that do not have a restaurant which serves breakfast, lunch, and dinner Annual Health Permit Fee - Swimming Pool/Spa/Splash Pad Plan Review Fee: Fixed Food and Childcare Facility: 0 —150 Sq. Ft. Plan Review Fee: Fixed Food and Childcare Facility: 151 - 1,000 Sq. Ft. Plan Review Fee: Fixed Food and Childcare Facility: 1,001 - 4,000 Sq. Ft. Plan Review Fee: Fixed Food and Childcare Facility: 4,001 - 8,000 Sq. Ft. Plan Review Fee: Fixed Food and Childcare Facility: 8,001 — 20,000 Sq. Ft. Plan Review Fee: Fixed Food and Childcare Facility: Over 20,001 Sq. Ft. Plan Review Fee: Motel -Hotel Plan Review Fee: Swimming Pool/Spa/Splash Pad Mobile Vendor Unit Plan Review Pool Operator Course SECTION 2. Limited Service: $580.00 $385 nn * $5 00/E ..lffeo Fee $580.00 $3 00 $165.00 $150.00 $250.00 $250.00 $350.00 $3200 $425.00 $100.00 $200.00 $150.00 $250.00 $65.00 $165.00 $65.00 $100.00 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 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 Consumer Health Fee Schedule Ordinance Ordinance No. 27768-06-2025 Page 2 of 3 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 upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: M. Kevin Andam H M. Kevin Anders, II (Jun 26, 2025 0948 CDT) M. Kevin Anders, II Assistant City Attorney Jannette S. Goodall City Secretary ADOPTED: June 24, 2025 EFFECTIVE: Aj .1, 1 J'% 1j,", �� 1 Consumer Health Fee Schedule Ordinance Ordinance No. 27768-06-2025 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 Charged by the City of Fort Worth Proposed Rate iFixed Food Establishment < $49,999.99 $258.00 Fixed Food Establishment $50,000.00 - $149,999.99 $515.00 Fixed Food Establishment >_ $150,000.00 $773.00 Annual Health Permit Fee - Mobile $258.00 Annual Health Permit Fee - Push Cart $258.00 Annual Health Permit Fee - Ice Cream Push Cart H$52.00 258.00 Temporary Health Permit - Food & Beverage Temporary Health Permit -Food & Beverage additional Eliminated days Temporary Health Permit- Special Event Invitation Only Eliminated Health Permit (Seasonal) Eliminated Permit Reissuance Fee Pre -Permit Request for Services Fee Change of Ownership Fee Temporary Permit Late Fee IRe-inspection Fee $100.00 $150.00 $200.00 Eliminated $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 Fate 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 AAnnual 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. Plan Review Fee: Fixed Facility: Food and $250.00 Childcare Facility: 151 - 1,000 Sq. Ft. 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. 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 $100.00 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