Veterans Club complains of being illegally billed for Health Department Fees

 

Befow is the letter whcih Mr. Kelm read this evening at the Health and Human Services Committee of the Boone County Board.

After some heated discussion the committee deferred any decision concerning the matter.

To a large extent this is a continuation of an issue which arose from the Monday afternoon board meeting of the Health Department in which it was discovered that the VFW was paying fees even though it is an IRS tax exempt organization and as such not required to pay the fee.  The Board of Health indicated during their meeting that the matter will be placed on the agenda for their next scheduled meeting on Monday, February 29, 2016, (12:00 Noon) at the Health Department.

Are other non-profit groups paying fees to the Health Department for which they are exempt?  What about the American Legion?  Moose Club? IOU Club?

How could this all happen? What is going to happen now?

 

 

Below is the Boone County Code and the exemption (https://www.municode.com/library/il/boone_county/codes/code_of_ordinances?nodeId=SUHITA_CH30FOFOES) which Mr. Kelm references: 

Sec. 30-35. - Submission and review of plans; permits.

(a)

Generally. Whenever a food service establishment or retail foodstore is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling, or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials of work areas, and the type and model of proposed fixed equipment and facilities.

(b)

Permit required. Any business or organization desiring to operate as a food service establishment or retail food establishment must have a current food service permit.

(c)

Plans, inspection and approval. Before issuing a food service permit to a new establishment, plans must be submitted to and approved by the health authority. Plans submitted for review must be accompanied by the appropriate plan review fee as listed in section 38-31.

(d)

Full-year permit period. Full-year permits shall be valid from December 1 through November 30.

(e)

Renewal. Existing establishments which do not obtain their operation permit before December 1 shall, in addition to the required permit fee, be assessed a late charge as listed in section 38-31.

(f)

Partial-year permit. A food establishment may apply for one six-month permit for any consecutive monthly period during the current permit year. The fee for this permit shall be one-half of the annual fee for the applicable classification, plus the filing fee as listed in section 38-31.

(g)

Food establishment classifications. All food service establishments or retail food establishments shall be categorized according to their type of operation, size of operation, and risk category of the food prepared and/or served and shall obtain a permit for the class of operation as hereinafter defined. The listing of various types of operation is not intended to be all inclusive, but typical and not limited to those mentioned. If a food establishment is not specifically listed, it shall be classified according to the class to which it most closely resembles.

(1)

Class A: Fixed location food establishments which serve drinks only or food and drinks such as restaurants and taverns or other establishments of which the primary activity is food service.

A1: Food and drink, 0—50 seats.

A2: Food and drink, 51—100 seats.

A3: Food and drink, more than 100 seats.

A4(a): Beverage/prepackage, no prep.

A4(b): Sit down drink, no prep-reheat foods.

(2)

Class B: Banquet-type facilities which primarily serve organized gatherings such as schools, day care centers and banquet halls.

B1: Receive and serve only.

B2: On-site preparation.

(3)

Class C: Mobile food trucks, food trailers, caterers that do not have a county permit which covers the catering activity.

(4)

Class D: Any private or public food service establishments providing food for a limited time of not more than 14 consecutive days at a nonfixed location such as concession stands and other temporary food services.

(5)

Class E: Retail store which does not operate food preparation areas such as a bakery, butchery or delicatessen on site but sells only prepackaged food items.

(6)

Class F: Retail store which includes at least one on-site food preparation area such as a bakery, butchery or delicatessen.

F1: 1—2 check-out counters.

F2: 3—4 check-out counters.

F3: 5 or more check-out counters.

(7)

Class G: Vending machines.

(8)

Class H: Farmer's market. A temporary food stand which serves only category III foods, nonhazardous baked goods and grade A eggs, for no more than three days in a seven-day period and operates no more than six months per year. Such a market may consist of more than one vendor operating under one food permit and shall meet the following requirements:

a.

All participants in the market are in a single identifiable location.

b.

Participants are required to sign a contract with the organizer which specifies, at a minimum:

1.

Participants will comply with the county food code; and

2.

Participants must notify the organizer about changes in the types of food items being offered prior to offering them.

c.

The organizer will submit a participant information sheet for each participant operating under the permit. The information will include the following:

1.

Name, address and phone number of the participant.

2.

Menu of food items being offered.

(h)

Fee waiver. Bona fide not-for-profit agencies and organizations which operate food service establishments are subject to the permitting, inspection and other requirements of this Code with the exception of the payment of permit fees.

(i)

Failure to renew. When an existing establishment permit expires and a valid current permit is not obtained prior to commencing operations, the health authority shall be authorized to order the establishment closed until the proper permit has been issued.

(j)

[Temporary food establishments.] Temporary food establishments that serve only non-potentially hazardous food that is prepared, packed in individual servings, transported and stored under conditions meeting the requirements of this article, or beverages that are pre-packaged, non-potentially hazardous need not comply with the requirements of this section.

(Ord. of 3-8-1978, § 13; Ord. of 3-14-1979; Code 1981, § 8-26; Ord. No. 87-43, § 2, 11-12-1987; Ord. No. 94-32, 12-14-1994; Ord. No. 95-35, § 1, 11-8-1995; Ord. No. 99-38, 10-13-1999; Ord. No. 02-09, 2-13-2002; Ord. No. 11-33, 6-15-2011; Ord. No. 13-27, 11-20-2013)