HomeMy WebLinkAboutord2020-022strikePROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO. 2020-022
ORDINANCE TO PROVIDE PERMITTING RELIEF
TO FOOD ESTABLISHMENTS
WHEREAS, the COVID-19 pandemic has required extraordinary measures to protect
public health; and
WHEREAS, Governor Inslee's order to close all but "essential" businesses has
prevented many food establishments permitted by the Whatcom County Health Department
from fully operating; and
WHEREAS, Governor Inslee's subsequent "Stay Home, Stay Safe" order has further
reduced patronage for some businesses permitted by the Whatcom County Health
Department; and
WHEREAS, affected businesses are important to the economic health of our
community; and
WHEREAS, affected businesses may be unable to pay for operating permit renewal
due to loss of revenue; and
WHEREAS, business closures will result in a loss of jobs and a loss in revenue that
funds essential County services;
FINDING OF FACT:
1. The proposal here is to extend permit expiration dates by six (6) months, thereby
extending the deadline for fees by six (6) months.
2. Late fee waivers are also contemplated. The financial impact from waiving late fees
for food establishments would be a reduction in 2020 revenue of
approximately $5000.00. These waivers shall be implemented by executive order.
3. The financial impact from extension of permit expiration dates would be
approximately:
- A 2020 revenue reduction of approximately $327,000.00 if extending permit
expiration dates by six (6) months.
4. The proposed timeframe used to determine which businesses will receive this relief is
March 1, 2020 - February 28, 2021, because all operators whose permit expiration
dates fall within this time frame will be affected during that year by business
restrictions ordered by Governor Inslee.
NOW, THEREFORE, BE IT ORDAINED by the VVhatconn County Council that
VVhabonno County Code section 24.03.040 is hereby amended as shown in Exhibit A.
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VVHATCOM COUNTY COUNCIL
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APPROVED I Ps to)form:
CiVil Deputy Prosecutor
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'f�)Apprnved ( ) Denied
Satpal Sicllh�, County Executive
Dote:
EXHIBIT A
24.03.040 Permits.
A. Permits issued by the regulatory authority will be required as provided in
WAC 246-215-08300. Permits shall expire on the date stated on the permit but in
no case shall they be valid for more than one year.
B. Permits for all food establishments except temporary food establishments will be
issued to be effective from the time of an initial satisfactory inspection and payment
of the permit fee for a period not to exceed one year.
1. Permits with expiration dates between March 1, 2020, and February 28.
2021 shall be extended from 12 months to 18 months for businesses billed
under the following: UFS 1546 (taverns); 8461 (simple menu food
establishments); 8466 (moderate menu food establishments); 8468 and
8470 (complex menu food establishments); and 8471 (food establishment
bars and additional kitchens).
C. Permits for temporary food establishments will expire on the date stated on the
permit, but in no case shall they be valid for more than one year.
D. Permits will be suspended and reinstated as provided in WAC 246-215-08600. In
addition to those stated in WAC 246-215-08600, any one of the following shall be
grounds for suspension of a permit:
1. Refusal or inability to correct immediately any red high -risk factor violation;
or
2. Finding the same red high -risk factor violation on two inspections within six
months; or
3. Finding of 40 red high -risk factor hazard points or 100 total red and blue
hazard points twice within a 12-month period; or
4. Finding that continued operation would otherwise constitute an imminent
health hazard as a result of conditions defined in Chapter 246-215 WAC, Part
1. These conditions include fire, flood, extended interruption of electrical or
water service, sewage backup, misuse of poisonous or toxic materials, onset
of an apparent foodborne disease outbreak, gross insanitary occurrence or
condition, or other circumstance that might endanger public health.
5. Obstructing a food safety inspector.
6. Violating the terms of permit issuance.
7. Service of unsafe or adulterated food.
8. Failing to provide hot water as required in the WAC 246-215-05210.
9. Failing to adhere to the terms of a compliance agreement.
10. Refusing to correct violations as ordered by a food safety inspector.
E. Permits will be revoked as provided in WAC 246-215-08600. (Ord. 2014-016
Exh. A; Ord. 90-10 Exh. A (part); Ord. 89-24 (part)).