1.1.................... moves to amend H.F. No. 637 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 157.16, subdivision 3, is amended to read:
1.4    Subd. 3. Establishment fees; definitions. (a) The following fees are required
1.5for food and beverage service establishments, youth camps, hotels, motels, lodging
1.6establishments, public pools, and resorts licensed under this chapter. Food and beverage
1.7service establishments must pay the highest applicable fee under paragraph (d), clause
1.8(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable
1.9fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
1.10licensed under this chapter for the same calendar year is one-half of the appropriate annual
1.11license fee, plus any penalty that may be required. The license fee for operators opening
1.12on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
1.13that may be required.
1.14    (b) All food and beverage service establishments, except special event food stands,
1.15and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
1.16annual base fee of $150.
1.17    (c) A special event food stand shall pay a flat fee of $50 annually. "Special event
1.18food stand" means a fee category where food is prepared or served in conjunction with
1.19celebrations, county fairs, or special events from a special event food stand as defined
1.20in section 157.15.
1.21    (d) In addition to the base fee in paragraph (b), each food and beverage service
1.22establishment, other than a special event food stand and a school concession stand, and
1.23each hotel, motel, lodging establishment, public pool, and resort shall pay an additional
1.24annual fee for each fee category, additional food service, or required additional inspection
1.25specified in this paragraph:
1.26    (1) Limited food menu selection, $60. "Limited food menu selection" means a fee
1.27category that provides one or more of the following:
2.1    (i) prepackaged food that receives heat treatment and is served in the package;
2.2    (ii) frozen pizza that is heated and served;
2.3    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
2.4    (iv) soft drinks, coffee, or nonalcoholic beverages; or
2.5    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
2.6is prepared off site.
2.7    (2) Small establishment, including boarding establishments, $120. "Small
2.8establishment" means a fee category that has no salad bar and meets one or more of
2.9the following:
2.10    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
2.11grill, two hot holding containers, and one or more microwave ovens;
2.12    (ii) serves dipped ice cream or soft serve frozen desserts;
2.13    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
2.14    (iv) is a boarding establishment; or
2.15    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
2.16patron seating capacity of not more than 50.
2.17    (3) Medium establishment, $310. "Medium establishment" means a fee category
2.18that meets one or more of the following:
2.19    (i) possesses food service equipment that includes a range, oven, steam table, salad
2.20bar, or salad preparation area;
2.21    (ii) possesses food service equipment that includes more than one deep fat fryer,
2.22one grill, or two hot holding containers; or
2.23    (iii) is an establishment where food is prepared at one location and served at one or
2.24more separate locations.
2.25    Establishments meeting criteria in clause (2), item (v), are not included in this fee
2.26category.
2.27    (4) Large establishment, $540. "Large establishment" means either:
2.28    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
2.29medium establishment, (B) seats more than 175 people, and (C) offers the full menu
2.30selection an average of five or more days a week during the weeks of operation; or
2.31    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
2.32establishment, and (B) prepares and serves 500 or more meals per day.
2.33    (5) Other food and beverage service, including food carts, mobile food units,
2.34seasonal temporary food stands, and seasonal permanent food stands, $60.
3.1    (6) Beer or wine table service, $60. "Beer or wine table service" means a fee
3.2category where the only alcoholic beverage service is beer or wine, served to customers
3.3seated at tables.
3.4    (7) Alcoholic beverage service, other than beer or wine table service, $165.
3.5    "Alcohol beverage service, other than beer or wine table service" means a fee
3.6category where alcoholic mixed drinks are served or where beer or wine are served from
3.7a bar.
3.8    (8) Lodging per sleeping accommodation unit, $10, including hotels, motels,
3.9lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping
3.10accommodation unit" means a fee category including the number of guest rooms, cottages,
3.11or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
3.12beds in a dormitory.
3.13    (9) First public pool, $325; each additional public pool, $175. "Public pool" means a
3.14fee category that has the meaning given in section 144.1222, subdivision 4.
3.15    (10) First spa, $175; each additional spa, $100. "Spa pool" means a fee category that
3.16has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
3.17    (11) Private sewer or water, $60. "Individual private water" means a fee category
3.18with a water supply other than a community public water supply as defined in Minnesota
3.19Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
3.20sewage treatment system which uses subsurface treatment and disposal.
3.21    (12) Additional food service, $150. "Additional food service" means a location at
3.22a food service establishment, other than the primary food preparation and service area,
3.23used to prepare or serve food to the public. Additional food service does not apply to
3.24school concession stands.
3.25    (13) Additional inspection fee, $360. "Additional inspection fee" means a fee to
3.26conduct the second inspection each year for elementary and secondary education facility
3.27school lunch programs when required by the Richard B. Russell National School Lunch
3.28Act.
3.29    (e) A fee for review of construction plans must accompany the initial license
3.30application for restaurants, hotels, motels, lodging establishments, resorts, seasonal food
3.31stands, and mobile food units. The fee for this construction plan review is as follows:

3.32	Service Area	Type	Fee
3.33	Food	limited food menu	$275
3.34		small establishment	$400
3.35		medium establishment	$450
3.36		large food establishment	$500
3.37		additional food service	$150
4.1	Transient food service	food cart	$250
4.2		seasonal permanent food stand	$250
4.3		seasonal temporary food stand	$250
4.4		mobile food unit	$350
4.5	Alcohol	beer or wine table service	$150
4.6		alcohol service from bar	$250
4.7	Lodging	less than 25 rooms	$375
4.8		25 to less than 100 rooms	$400
4.9		100 rooms or more	$500
4.10		less than five cabins	$350
4.11		five to less than ten cabins	$400
4.12		ten cabins or more	$450

4.13    (f) When existing food and beverage service establishments, hotels, motels, lodging
4.14establishments, resorts, seasonal food stands, and mobile food units are extensively
4.15remodeled, a fee must be submitted with the remodeling plans. The fee for this
4.16construction plan review is as follows:

4.17	Service Area	Type	Fee
4.18	Food	limited food menu	$250
4.19		small establishment	$300
4.20		medium establishment	$350
4.21		large food establishment	$400
4.22		additional food service	$150
4.23	Transient food service	food cart	$250
4.24		seasonal permanent food stand	$250
4.25		seasonal temporary food stand	$250
4.26		mobile food unit	$250
4.27	Alcohol	beer or wine table service	$150
4.28		alcohol service from bar	$250
4.29	Lodging	less than 25 rooms	$250
4.30		25 to less than 100 rooms	$300
4.31		100 rooms or more	$450
4.32		less than five cabins	$250
4.33		five to less than ten cabins	$350
4.34		ten cabins or more	$400

4.35    (g) Special event food stands are not required to submit construction or remodeling
4.36plans for review.
4.37(h) Youth camps shall pay an annual single fee for food and lodging as follows:
4.38(1) camps with up to 99 campers, $325;
4.39(2) camps with 100 to 199 campers, $550; and
4.40(3) camps with 200 or more campers, $750.
5.1(i) A youth camp which pays fees under paragraph (d) is not required to pay fees
5.2under paragraph (h).
5.3(j) Faith-based organizations that choose to apply for an annual special events
5.4license pursuant to section 157.22, clause (2), must pay a single annual fee of $75 for
5.5special event fund-raisers, community festivals, or other special events held in the building
5.6or on the grounds, and shall not be required to acquire equipment or change construction
5.7for the initial license.

5.8    Sec. 2. Minnesota Statutes 2010, section 157.22, is amended to read:
5.9157.22 EXEMPTIONS.
5.10This chapter does not apply to:
5.11(1) interstate carriers under the supervision of the United States Department of
5.12Health and Human Services;
5.13(2) activities such as weddings, fellowship meals, funerals, or potluck dinners
5.14conducted by a faith-based organization using any building constructed and primarily used
5.15for religious worship; or to special event fund-raisers or community festivals provided the
5.16event is held in the building or on the grounds of the faith-based organization and a certified
5.17food manager, or a volunteer trained in a food safety course, trains the food preparation
5.18workers in safe food handling practices, unless the faith-based organization chooses to
5.19apply for an annual license for special events held in the building or on the grounds;
5.20(3) any building owned, operated, and used by a college or university in accordance
5.21with health regulations promulgated by the college or university under chapter 14;
5.22(4) any person, firm, or corporation whose principal mode of business is licensed
5.23under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food
5.24or beverage establishment; provided that the holding of any license pursuant to sections
5.2528A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable
5.26provisions of this chapter or the rules of the state commissioner of health relating to
5.27food and beverage service establishments;
5.28(5) family day care homes and group family day care homes governed by sections
5.29245A.01 to 245A.16;
5.30(6) nonprofit senior citizen centers for the sale of home-baked goods;
5.31(7) fraternal, sportsman, or patriotic organizations that are tax exempt under section
5.32501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
5.33Revenue Code of 1986, or organizations related to or affiliated with such fraternal,
5.34sportsman, or patriotic organizations. Such organizations may organize events for
6.1special events held in the building or on the grounds of the organization and at which
6.2home-prepared food is donated by organization members for sale at the events, provided:
6.3(i) the event is not a circus, carnival, or fair;
6.4(ii) the organization controls the admission of persons to the event, the event agenda,
6.5or both; and
6.6(iii) the organization's licensed kitchen is not used in any manner for the event;
6.7(8) food not prepared at an establishment and brought in by individuals attending a
6.8potluck event for consumption at the potluck event. An organization sponsoring a potluck
6.9event under this clause may advertise the potluck event to the public through any means.
6.10Individuals who are not members of an organization sponsoring a potluck event under this
6.11clause may attend the potluck event and consume the food at the event. Licensed food
6.12establishments other than schools cannot be sponsors of potluck events. A school may
6.13sponsor and hold potluck events in areas of the school other than the school's kitchen,
6.14provided that the school's kitchen is not used in any manner for the potluck event. For
6.15purposes of this clause, "school" means a public school as defined in section 120A.05,
6.16subdivisions 9, 11, 13, and 17 , or a nonpublic school, church, or religious organization
6.17at which a child is provided with instruction in compliance with sections 120A.22 and
6.18120A.24 . Potluck event food shall not be brought into a licensed food establishment
6.19kitchen;
6.20(9) a home school in which a child is provided instruction at home;
6.21(10) concession stands operated in conjunction with school-sponsored events on
6.22school property are exempt from the 21-day restriction and school concession stands
6.23constructed before July 1, 2011, are exempt from the construction requirements of this
6.24chapter unless the stand is rebuilt or remodeled; and
6.25(11) group residential facilities of ten or fewer beds licensed by the commissioner of
6.26human services under Minnesota Rules, chapter 2960, provided the facility employs or
6.27contracts with a certified food manager under Minnesota Rules, part 4626.2015."
6.28Amend the title accordingly