Title 18 . Environmental Conservation

Chapter 31 . Administrative Enforcement

Section 50. Fees

18 AAC 31.050. Fees

(a) Except as otherwise provided in this section, at the time of application for a new permit under 18 AAC 31.030 or within 30 days after receiving the first notice that a fee is due for a permit renewal, the operator of a food establishment subject to the permit requirements of 18 AAC 31.020 shall pay to the department an annual permit fee for each separate type of operation at the food establishment as follows:

(1) for a food service that

(A) except for a food service listed in (B) - (F) of this paragraph, has

(i) 0 - 25 seats: $325;

(ii) 26 - 100 seats: $400; or

(iii) more than 100 seats: $475;

(B) is a limited food service: $150;

(C) is a mobile food unit, other than a self-contained mobile food unit: $175;

(D) is a self-contained mobile food unit: $175;

(E) is a caterer: $350;

(F) is a beverage-dispensing portion of a bar or tavern

(i) without an additional food service or limited food service at the bar or tavern: $225;

(ii) with a limited food service at the bar or tavern: $350; or

(iii) with an additional food service at the bar or tavern: $350;

(G) also acidifies, cures, dehydrates, or thermal processes low acid food, or that reduced oxygen packages under 18 AAC 31.760(c) : $100 in addition to the applicable fee required under (A) of this paragraph;

(H) operates as a caterer outside the establishment and is permitted under this chapter for a different operation: $200 in addition to the applicable fee required under (A) of this paragraph;

(I) also processes food for wholesale distribution: $100 in addition to the applicable fee required under (A) of this paragraph;

(2) for a food processing establishment that

(A) is a bakery: $250;

(B) bottles drinking water or other beverages: $250;

(C) manufactures ice: $250;

(D) processes jam, jelly, syrup, or confections: $200;

(E) smokes, cures, acidifies, dehydrates, or reduced oxygen packages food: $325;

(F) is a thermal processor of low-acid food: $325;

(G) processes other food: $200;

(3) for a market that

(A) is a convenience store: $100;

(B) is a grocery: $250;

(C) is a grocery portion of a supermarket: $250;

(D) is a retail bakery: $250;

(E) is a retail meat market; $250;

(F) is a retail seafood market: $250;

(G) is a warehouse: $200;

(H) is a food bank or food salvager: $200;

(I) is a mobile retail vendor: $150;

(J) also acidifies, cures, dehydrates, or thermal processes low acid food, or that reduced oxygen packages under 18 AAC 31.760(c) : $100 in addition to the applicable fee required under (A) - (I) of this paragraph;

(4) other food establishments: $325.

(b) Except as otherwise provided in this section, an applicant for a permit for a temporary food service shall pay to the department the following permit fee at the time of application for

(1) a one day event: $35; if the application is submitted fewer than seven days before the event is to begin, the applicant shall pay an additional fee of $35;

(2) an event lasting two to three days: $65; if the application is submitted fewer than seven days before the event is to begin, the applicant shall pay an additional fee of $65;

(3) an event lasting four to seven days: $90; if the application is submitted fewer than seven days before the event is to begin, the applicant shall pay an additional fee of $90; or

(4) an event lasting eight to 28 days: $120; if the application is submitted fewer than 15 days before the event is to begin, the applicant shall pay an additional fee of $120.

(c) In addition to the fees set out in (a) of this section, the operator of a food establishment who is required to submit plans to the department for review and approval under 18 AAC 31.040 shall pay to the department at the time of submission a plan review fee for each separate type of operation at the food establishment as follows:

(1) for a food service that

(A) except for a food service listed in (B) - (F) of this paragraph, has

(i) 0 - 25 seats: $175;

(ii) 26 - 100 seats: $200;

(iii) more than 100 seats: $275;

(B) is a limited food service: $125;

(C) is a mobile food unit, other than a self-contained mobile food unit: $200;

(D) is a self-contained mobile food unit: $200;

(E) is a caterer: $275;

(F) is a beverage-dispensing portion of a bar or tavern:

(i) without an additional food service or limited food service at the bar or tavern: $125;

(ii) with a limited food service at the bar or tavern: $275;

(iii) with an additional food service at the bar or tavern: $300;

(2) for a food processing establishment that

(A) is a bakery: $200;

(B) bottles drinking water or other beverages: $200;

(C) manufacturers ice: $175;

(D) processes jam, jelly, syrup, or confections: $175;

(E) smokes, cures, acidifies, dehydrates, or reduced-oxygen packages food: $275;

(F) is a thermal processor of low-acid food: $275;

(G) processes other food: $200;

(3) for a market that is a

(A) convenience store: $125;

(B) grocery: $200;

(C) grocery portion of a supermarket: $200;

(D) retail bakery: $200;

(E) retail meat market: $200;

(F) retail seafood market: $200;

(G) warehouse: $125;

(H) food bank or food salvager: $200;

(I) mobile retail vendor: $125;

(4) other food establishments: $200.

(d) The department will reduce total plan review fees required under (c) of this section by 20 percent if an operator submits plans for three or more types of operations within a single food establishment.

(e) For a food service that serves food and includes a beverage-dispensing portion of a bar or tavern that are located within the same establishment and have the same operator, the department will reduce the total annual permit fees required under (a) of this section for both operations by 20 percent.

(f) For a limited food service, kiosk, mobile food unit, or other similar operation that sells directly to the consumer only beverages such as hot chocolate, any coffee or tea beverages, or nonpotentially hazardous beverages and prepackaged, nonpotentially hazardous food, the department will reduce the total annual permit fees required under (a) of this section by 50 percent.

(g) Repealed 12/1/2004.

(h) A person who seeks an exemption described in 18 AAC 31.014 from the requirements of this chapter shall pay a one time application review fee of $150 at the time of application. If the department

(1) approves the exemption, the department will not require additional plan review or annual fees; or

(2) denies the exemption, the department will apply the application review fee toward the plan review fees required under (c)(1) of this section.

(i) Within 30 days after a change in the operator of a food establishment with a permit issued under this chapter, the new operator shall apply to the department for a reissuance of the permit in the new operator's name. If the previous operator

(1) paid the current annual permit fee required under (a) of this section, the new operator shall pay a reissuance fee of $100, or one-half the cost of the annual permit fee, whichever is greater, for each permit reissued; or

(2) did not pay the current annual permit fee required under (a) of this section, the new operator shall pay that fee.

(j) Repealed 12/1/2004.

(k) A fee submitted under this section is nonrefundable, except that the department will refund an annual permit fee under (a) of this section if a food establishment pays an annual permit fee but does not operate within the calendar year and the operator provides documentation on a form provided by the department and demonstrates to the department's satisfaction that, within the calendar year, the food establishment was not in operation.

( l ) Unless a fee schedule is agreed upon under 18 AAC 31.020(n) , or unless stated otherwise, a fee required under this section is due within 30 days after receiving notice that the fee is due.

(m) An operator of an establishment who stops operating that establishment remains responsible for past due fees required under this section and incurred by that operator before operations were stopped.

(n) A person who disputes an invoice issued under this section may request a fee review under 18 AAC 15.190 within 30 days after receipt of the first invoice from the department.

(o) Repealed 7/11/2002.

(p) Except for an additional fee under (b) of this section, the following organizations and types of operations permitted under this chapter are exempt from the fee requirements of this section:

(1) an organization that is exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code);

(2) a food service provided by a public or private elementary or secondary school or head start center described in AS 44.46.025 (d).

(q) This section does not prohibit the imposition of a higher or a lower fee by a municipality with a delegation of authority under 18 AAC 31.945.

(r) If an organization is exempt from taxation under 26 U.S.C. 501(c)(4), (c)(10), or (c)(19), the department will reduce the annual permit fee required in (a) of this section by 50 percent.

(s) Repealed 12/1/2004.

(t) a fundraiser, promotional event, or other gathering that is open or advertised to the public, sponsored by a school class, school club, or school organization and exempted under 18 AAC 31.070(b) is exempt from the fee requirements of this section.

(u) If a new food establishment commences operation between October 1 and December 30, that establishment shall pay one-half of the annual permit fee required under (a) of this section for that year.

History: Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/23/99, Register 152; am 12/31/2000, Register 156; am 6/28/2001, Register 158; am 7/11/2002, Register 163; am 12/1/2004, Register 172

Authority: AS 17.20.005

AS 17.20.180

AS 44.46.020

AS 44.46.025

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.050, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 31.050(d) . Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.