1.1.................... moves to amend H.F. No. 3347 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 157.15, is amended by adding a
1.4subdivision to read:
1.5    Subd. 14a. School concession stand. "School concession stand" means a food
1.6and beverage service establishment located in a school, on school grounds, or within a
1.7school-owned athletic complex, that is operated in conjunction with school-sponsored
1.8events.

1.9    Sec. 2. Minnesota Statutes 2009 Supplement, section 157.16, subdivision 3, is
1.10amended to read:
1.11    Subd. 3. Establishment fees; definitions. (a) The following fees are required
1.12for food and beverage service establishments, youth camps, hotels, motels, lodging
1.13establishments, public pools, and resorts licensed under this chapter. Food and beverage
1.14service establishments must pay the highest applicable fee under paragraph (d), clause
1.15(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable
1.16fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
1.17licensed under this chapter for the same calendar year is one-half of the appropriate annual
1.18license fee, plus any penalty that may be required. The license fee for operators opening
1.19on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
1.20that may be required.
1.21    (b) All food and beverage service establishments, except special event food stands,
1.22and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
1.23annual base fee of $150.
1.24    (c) A special event food stand shall pay a flat fee of $50 annually. "Special event
1.25food stand" means a fee category where food is prepared or served in conjunction with
2.1celebrations, county fairs, or special events from a special event food stand as defined
2.2in section 157.15.
2.3    (d) In addition to the base fee in paragraph (b), each food and beverage service
2.4establishment, other than a special event food stand and a school concession stand, and
2.5each hotel, motel, lodging establishment, public pool, and resort shall pay an additional
2.6annual fee for each fee category, additional food service, or required additional inspection
2.7specified in this paragraph:
2.8    (1) Limited food menu selection, $60. "Limited food menu selection" means a fee
2.9category that provides one or more of the following:
2.10    (i) prepackaged food that receives heat treatment and is served in the package;
2.11    (ii) frozen pizza that is heated and served;
2.12    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
2.13    (iv) soft drinks, coffee, or nonalcoholic beverages; or
2.14    (v) cleaning for eating, drinking, or cooking utensils, when the only food served
2.15is prepared off site.
2.16    (2) Small establishment, including boarding establishments, $120. "Small
2.17establishment" means a fee category that has no salad bar and meets one or more of
2.18the following:
2.19    (i) possesses food service equipment that consists of no more than a deep fat fryer, a
2.20grill, two hot holding containers, and one or more microwave ovens;
2.21    (ii) serves dipped ice cream or soft serve frozen desserts;
2.22    (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
2.23    (iv) is a boarding establishment; or
2.24    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
2.25patron seating capacity of not more than 50.
2.26    (3) Medium establishment, $310. "Medium establishment" means a fee category
2.27that meets one or more of the following:
2.28    (i) possesses food service equipment that includes a range, oven, steam table, salad
2.29bar, or salad preparation area;
2.30    (ii) possesses food service equipment that includes more than one deep fat fryer,
2.31one grill, or two hot holding containers; or
2.32    (iii) is an establishment where food is prepared at one location and served at one or
2.33more separate locations.
2.34    Establishments meeting criteria in clause (2), item (v), are not included in this fee
2.35category.
2.36    (4) Large establishment, $540. "Large establishment" means either:
3.1    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
3.2medium establishment, (B) seats more than 175 people, and (C) offers the full menu
3.3selection an average of five or more days a week during the weeks of operation; or
3.4    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
3.5establishment, and (B) prepares and serves 500 or more meals per day.
3.6    (5) Other food and beverage service, including food carts, mobile food units,
3.7seasonal temporary food stands, and seasonal permanent food stands, $60.
3.8    (6) Beer or wine table service, $60. "Beer or wine table service" means a fee
3.9category where the only alcoholic beverage service is beer or wine, served to customers
3.10seated at tables.
3.11    (7) Alcoholic beverage service, other than beer or wine table service, $165.
3.12    "Alcohol beverage service, other than beer or wine table service" means a fee
3.13category where alcoholic mixed drinks are served or where beer or wine are served from
3.14a bar.
3.15    (8) Lodging per sleeping accommodation unit, $10, including hotels, motels,
3.16lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping
3.17accommodation unit" means a fee category including the number of guest rooms, cottages,
3.18or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
3.19beds in a dormitory.
3.20    (9) First public pool, $325; each additional public pool, $175. "Public pool" means a
3.21fee category that has the meaning given in section 144.1222, subdivision 4.
3.22    (10) First spa, $175; each additional spa, $100. "Spa pool" means a fee category that
3.23has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
3.24    (11) Private sewer or water, $60. "Individual private water" means a fee category
3.25with a water supply other than a community public water supply as defined in Minnesota
3.26Rules, chapter 4720. "Individual private sewer" means a fee category with an individual
3.27sewage treatment system which uses subsurface treatment and disposal.
3.28    (12) Additional food service, $150. "Additional food service" means a location at
3.29a food service establishment, other than the primary food preparation and service area,
3.30used to prepare or serve food to the public. "Additional food service" does not apply to
3.31school concession stands.
3.32    (13) Additional inspection fee, $360. "Additional inspection fee" means a fee to
3.33conduct the second inspection each year for elementary and secondary education facility
3.34school lunch programs when required by the Richard B. Russell National School Lunch
3.35Act.
4.1    (e) A fee for review of construction plans must accompany the initial license
4.2application for restaurants, hotels, motels, lodging establishments, resorts, seasonal food
4.3stands, and mobile food units. The fee for this construction plan review is as follows:

4.4	Service Area	Type	Fee
4.5	Food	limited food menu	$275
4.6		small establishment	$400
4.7		medium establishment	$450
4.8		large food establishment	$500
4.9		additional food service	$150
4.10	Transient food service	food cart	$250
4.11		seasonal permanent food stand	$250
4.12		seasonal temporary food stand	$250
4.13		mobile food unit	$350
4.14	Alcohol	beer or wine table service	$150
4.15		alcohol service from bar	$250
4.16	Lodging	less than 25 rooms	$375
4.17		25 to less than 100 rooms	$400
4.18		100 rooms or more	$500
4.19		less than five cabins	$350
4.20		five to less than ten cabins	$400
4.21		ten cabins or more	$450

4.22    (f) When existing food and beverage service establishments, hotels, motels, lodging
4.23establishments, resorts, seasonal food stands, and mobile food units are extensively
4.24remodeled, a fee must be submitted with the remodeling plans. The fee for this
4.25construction plan review is as follows:

4.26	Service Area	Type	Fee
4.27	Food	limited food menu	$250
4.28		small establishment	$300
4.29		medium establishment	$350
4.30		large food establishment	$400
4.31		additional food service	$150
4.32	Transient food service	food cart	$250
4.33		seasonal permanent food stand	$250
4.34		seasonal temporary food stand	$250
4.35		mobile food unit	$250
4.36	Alcohol	beer or wine table service	$150
4.37		alcohol service from bar	$250
4.38	Lodging	less than 25 rooms	$250
4.39		25 to less than 100 rooms	$300
4.40		100 rooms or more	$450
4.41		less than five cabins	$250
5.1		five to less than ten cabins	$350
5.2		ten cabins or more	$400

5.3    (g) Special event food stands are not required to submit construction or remodeling
5.4plans for review.
5.5(h) Youth camps shall pay an annual single fee for food and lodging as follows:
5.6(1) camps with up to 99 campers, $325;
5.7(2) camps with 100 to 199 campers, $550; and
5.8(3) camps with 200 or more campers, $750."
5.9Amend the title accordingly