Bill Text: OR SB710 | 2011 | Regular Session | Introduced
Bill Title: Relating to food facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB710 Detail]
Download: Oregon-2011-SB710-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3718
Senate Bill 710
Sponsored by Senator JOHNSON (at the request of Ken Lucke)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes annual license program for qualifying temporary
restaurants. Allows temporary restaurant holding annual license
to operate without obtaining new license for each location at
which restaurant operates.
Establishes limits on temporary restaurant annual license fees
and on inspection fees for temporary restaurants holding annual
licenses.
Prohibits certain grounds for local public health authority
refusal to approve facilities or operation of temporary
restaurant holding annual license. Requires court to award costs
and reasonable attorney fees to temporary restaurant holding
annual license that prevails in action for damages arising from
local public health authority refusal on prohibited grounds to
approve facilities and operation of restaurant.
Requires person inspecting facilities or operation of temporary
restaurant or mobile unit to specifically identify exact law,
rule or regulation forming basis for refusal to allow operation
of temporary restaurant or mobile unit. Requires court to award
costs and reasonable attorney fees to prevailing operator if
person refusing to allow operation of temporary restaurant or
mobile unit does not adequately respond to operator request that
person specifically identify exact law, rule or regulation
forming basis for refusal or if refusal is based on sham,
frivolous or bad faith interpretation of law, rule or regulation.
A BILL FOR AN ACT
Relating to food facilities; creating new provisions; and
amending ORS 624.490.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2011 Act are added to
and made a part of ORS 624.010 to 624.121 + }
SECTION 2. { + (1) Notwithstanding ORS 624.086, an operator of
a temporary restaurant that is not a mobile unit may apply to
have the temporary restaurant inspected and issued an annual
license. A temporary restaurant that holds an annual license
issued under this section is exempt from ORS 624.086 (1) to (4)
and (6).
(2) A temporary restaurant may be inspected and granted an
annual license if:
(a) The operator applying for the license operated the
temporary restaurant at four or more locations during the 12
months preceding filing of the application;
(b) The temporary restaurant uses the same major pieces of
equipment and essential pieces of equipment, as defined by the
Oregon Health Authority, for each location at which the
restaurant operates;
(c) The configuration of the temporary restaurant for each
location at which the restaurant operates does not vary from the
configuration of the restaurant at the time of the licensing
inspection, except as allowed under guidelines established by the
Oregon Health Authority; and
(d) The temporary restaurant is in conformance with all
applicable rules adopted under ORS 624.041.
(3) The fee charged by the Oregon Health Authority for
inspection and issuance of a temporary restaurant annual license
may not exceed the mobile unit annual license fee authorized
under ORS 624.490. Notwithstanding ORS 624.510, if the inspection
and licensing is performed through a local public health
authority, the fee charged by the local public health authority
for inspection and issuance of a temporary restaurant annual
license may not exceed the approved fee charged by the local
public health authority for a mobile unit annual license.
(4) An annual license for a temporary restaurant is not
transferable. If the operator of a temporary restaurant holding
an annual license sells the restaurant, the operator shall
surrender the annual license to the issuing health authority for
cancellation. In addition to the license, the health authority
issuing a temporary restaurant an annual license shall provide
documents setting forth the major pieces and essential pieces of
equipment for the restaurant and the configuration of the
restaurant at the time of the licensing inspection.
(5) The operator of a temporary restaurant holding an annual
license must notify the Oregon Health Authority or appropriate
local public health authority having jurisdiction prior to
commencing operations at a new location. Except as provided in
this subsection, the operator shall provide the health authority
having jurisdiction over the new location evidence that the
temporary restaurant holds an annual license and of the equipment
and configuration information set forth in the documentation
described in subsection (4) of this section. If the temporary
restaurant is being established at a new location that is in the
same jurisdiction as the preceding location, the operator is not
required to resubmit evidence of the license or the equipment and
configuration information. A local public health authority may
not require additional or different licenses or information as a
condition of establishing the temporary restaurant or of
receiving inspection of the facilities and operation of the
temporary restaurant.
(6) A temporary restaurant with an annual license may not
operate at a location for more than 30 days and may not
reestablish operations at a location less than 60 days after
ending operations at the location. The Oregon Health Authority or
local public health authority shall conduct at least one
inspection of the temporary restaurant facilities and operation
while the temporary restaurant is operating at a location. The
fee for inspecting the temporary restaurant facilities and
operation may not exceed the maximum fee charged for inspecting
the facilities and operation of a mobile unit as defined in ORS
624.310.
(7) A local public health authority may not refuse to approve
the facilities or operation of a temporary restaurant that holds
a annual license:
(a) Based on the use of a major piece of equipment or essential
piece of equipment, as defined by the Oregon Health Authority, if
the equipment was inspected at the time of annual licensing and
the condition of the equipment is in conformance with Oregon
Health Authority rules;
(b) Based on the configuration of the temporary restaurant
unless the configuration has varied from the configuration at the
time of licensing inspection in excess of the variance allowed
under the guidelines adopted by the Oregon Health Authority;
(c) Based upon any local ordinance, rule or regulation
requirement that prohibits or prevents a practice expressly
allowed under Oregon Health Authority rules;
(d) For refusal by the operator to pay fees that are in
addition to or higher than the license and inspection fees
authorized under subsections (3) and (6) of this section; or
(e) For failure of the operator to obtain or provide licenses
or information that are additional to or different from the
licenses and information described in subsection (5) of this
section. + }
SECTION 3. { + (1) As used in this section, 'mobile unit' has
the meaning given that term in ORS 624.310.
(2) A person inspecting temporary restaurant or mobile unit
facilities or operations on behalf of the Oregon Health Authority
or a local public health authority shall keep readily available a
printed copy of the federal, state and local laws, rules and
regulations applicable to temporary restaurants and mobile units.
(3) If the person determines that the temporary restaurant or
mobile unit may not operate due to noncompliance with an
applicable law, rule or regulation, upon request of the temporary
restaurant or mobile unit operator, the person shall identify
with specificity the exact provision of law, rule or regulation
with which the temporary restaurant or mobile unit is not
compliant and allow the operator to read the printed copy of that
provision. Upon request of the temporary restaurant or mobile
unit operator, the person shall provide the operator, at the time
the determination is made, a written copy of the determination
stating that the temporary restaurant or mobile unit may not
operate and identifying with specificity the exact provision of
law, rule or regulation with which the temporary restaurant or
mobile unit is not compliant. + }
SECTION 4. { + A court shall award costs and reasonable
attorney fees to a prevailing plaintiff:
(1) In an action brought by the operator of a temporary
restaurant holding an annual license issued under section 2 of
this 2011 Act against a local public health authority for damages
arising from a violation of section 2 (7) of this 2011 Act; or
(2) In an action brought by the operator of a temporary
restaurant or mobile unit against the Oregon Health Authority or
a local public health authority for damages arising from a
determination by a person performing inspections under section 3
of this 2011 Act not to allow operation of the temporary
restaurant or mobile unit due to noncompliance with a law, rule
or regulation, if the court finds that:
(a) The person making the inspection did not adequately respond
as described in section 3 of this 2011 Act to a request by the
operator of the temporary restaurant or mobile unit to identify
with specificity the exact law, rule or regulation forming the
basis for the determination; or
(b) The interpretation of the law, rule or regulation by the
person making the inspection was a sham, frivolous or bad faith
interpretation. + }
SECTION 5. ORS 624.490 is amended to read:
624.490. (1) The Oregon Health Authority may charge the
following fees for the issuance or renewal of licenses:
(a) $157.50 for a bed and breakfast facility.
(b) $210 for a limited service restaurant.
(c) For a restaurant in accordance with seating capacity, as
follows:
(A) $367.50 for 0 to 15 seats;
(B) $414.75 for 16 to 50 seats;
(C) $472.50 for 51 to 150 seats; and
(D) $525 for more than 150 seats.
(d) For a temporary restaurant, except as provided in ORS
624.086 and 624.106 { + and section 2 of this 2011 Act + }:
(A) $36.75 for an event lasting one day; and
(B) $52.50 for an event lasting two days or longer.
(e) $262.50 for a commissary.
(f) $105 for each warehouse.
(g) $131.50 for each mobile unit.
(h) For vending machines in accordance with the number of
machines covered by the license as follows:
(A) $26.25 for 1 to 10 machines;
(B) $52.50 for 11 to 20 machines;
(C) $78.75 for 21 to 30 machines;
(D) $105 for 31 to 40 machines;
(E) $131.25 for 41 to 50 machines;
(F) $157.50 for 51 to 75 machines;
(G) $210 for 76 to 100 machines;
(H) $367.50 for 101 to 250 machines;
(I) $577.50 for 251 to 500 machines;
(J) $787.50 for 501 to 750 machines;
(K) $966 for 751 to 1,000 machines;
(L) $1,260 for 1,001 to 1,500 machines; and
(M) $1,575 for more than 1,500 machines.
(2) To reinstate a license other than a temporary restaurant
license after the expiration date, the operator must pay a
reinstatement fee of $100 in addition to the license fee required
under subsection (1) of this section. If the operator reinstates
the license more than 30 days after the expiration date, the
reinstatement fee shall increase by $100 on the 31st day
following the expiration date and on that day of the month in
each succeeding month until the license is reinstated.
(3) The Oregon Health Authority or a local public health
authority may exempt or reduce the license fee for restaurants
operated by benevolent organizations, as defined in ORS 624.101,
that provide food or beverages primarily to children, the
elderly, the indigent or other needy populations if the persons
receiving the food or beverages are not required to pay the full
cost of the food or beverages.
SECTION 6. { + The Oregon Health Authority shall complete the
adoption of initial rules regulating temporary restaurant annual
licenses under section 2 of this 2011 Act in time for the Oregon
Health Authority and local public health authorities to commence
the issuance of those licenses on or before January 1, 2013. + }
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