1.1                          A bill for an act 
  1.2             relating to health; modifying certain fees; 
  1.3             establishing state core function fee; requiring 
  1.4             inspection of certain enclosed arenas; modifying 
  1.5             requirements for infant testing for unborn metabolic 
  1.6             errors; modifying certain definitions for food and 
  1.7             beverage service establishments; appropriating money; 
  1.8             amending Minnesota Statutes 1996, sections 103I.101, 
  1.9             subdivision 6; 103I.208; 103I.401, subdivision 1; 
  1.10            144.121, subdivision 1, and by adding subdivisions; 
  1.11            144.125; 144.226, subdivision 1, and by adding a 
  1.12            subdivision; 153A.17; and 157.16, subdivision 3; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapter 144; repealing Minnesota Statutes 1996, 
  1.15            section 144.1222, subdivision 3. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1
  1.18                           APPROPRIATIONS
  1.19     Section 1.  [APPROPRIATIONS.] 
  1.20     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.21  appropriated from the general fund, or any other fund named, to 
  1.22  the commissioner of health for the purposes specified in the 
  1.23  following subdivisions of this section, to be available for the 
  1.24  fiscal years indicated for each purpose.  The figures "1998" and 
  1.25  "1999" where used in this article, mean that the appropriation 
  1.26  or appropriations listed under them are available for the fiscal 
  1.27  year ending June 30, 1998, or June 30, 1999, respectively.  
  1.28                                             APPROPRIATIONS 
  1.29                                         Available for the Year 
  1.30                                             Ending June 30 
  1.31                                            1998         1999 
  1.32  Subdivision 1.  Total 
  2.1   Appropriation                         93,880,000    104,065,000
  2.2                 Summary by Fund
  2.3   General              62,936,000    71,335,000
  2.4   Metropolitan Landfill
  2.5   Contingency Action Fund 193,000       193,000
  2.6   State Government
  2.7   Special Revenue      21,594,000    21,848,000
  2.8   Health Care 
  2.9   Access                9,157,000    10,689,000
  2.10  The appropriation from the metropolitan 
  2.11  landfill contingency action fund is for 
  2.12  monitoring well water supplies and 
  2.13  conducting health assessments in the 
  2.14  metropolitan area. 
  2.15  The commissioner of health shall set 
  2.16  fees to cover current program costs and 
  2.17  recover deficits. 
  2.18  Subd. 2.  Health Systems
  2.19  and Special Populations               70,109,000     79,834,000
  2.20                Summary by Fund
  2.21  General              52,222,000    60,380,000
  2.22  State Government
  2.23  Special Revenue       8,879,000     8,916,000
  2.24  Health Care
  2.25  Access                9,008,000    10,538,000
  2.26  The amount appropriated for the vital 
  2.27  records redesign project shall be 
  2.28  available until expended for ongoing 
  2.29  development and operations. 
  2.30  General fund appropriations for the 
  2.31  women, infants, and children food 
  2.32  supplement program (WIC) are available 
  2.33  for either year of the biennium.  
  2.34  Transfers of appropriations between 
  2.35  fiscal years must be for the purpose of 
  2.36  maximizing federal funds or minimizing 
  2.37  fluctuations in the number of 
  2.38  participants.  
  2.39  Health care access fund appropriations 
  2.40  for student loan forgiveness programs 
  2.41  for health care providers are available 
  2.42  for either year of the biennium. 
  2.43  Of the appropriation, $6,000,000 each 
  2.44  year is for local public health 
  2.45  financing.  $5,800,000 each year shall 
  2.46  be distributed according to the 
  2.47  community health service subsidy 
  2.48  formula in Minnesota Statutes, section 
  2.49  145A.13.  $200,000 each year is for 
  2.50  technical assistance provided by the 
  2.51  commissioner under Minnesota Statutes, 
  2.52  section 145A.12. 
  2.53  General fund appropriations for 
  2.54  treatment services in the services for 
  3.1   children with special health care needs 
  3.2   program are available for either year 
  3.3   of the biennium. 
  3.4   Subd. 3.  Health Protection          20,322,000     20,655,000
  3.5                 Summary by Fund
  3.6   General               7,572,000     7,688,000
  3.7   Metro Landfill
  3.8   Contingency 193,000 193,000
  3.9   State Government 
  3.10  Special Revenue      12,557,000    12,774,000
  3.11  Of the appropriation, $18,000 for 
  3.12  fiscal year 1999 is to support the 
  3.13  department of health's site utility 
  3.14  credentialing activities. 
  3.15  Subd. 4.  Management and
  3.16  Support Services                       3,449,000      3,576,000
  3.17                Summary by Fund
  3.18  General               3,142,000     3,267,000
  3.19  Health Care
  3.20  Access                  149,000       151,000
  3.21  State Government
  3.22  Special Revenue         158,000       158,000
  3.23                             ARTICLE 2
  3.24                             AMENDMENTS
  3.25     Section 1.  Minnesota Statutes 1996, section 103I.101, 
  3.26  subdivision 6, is amended to read: 
  3.27     Subd. 6.  [FEES FOR VARIANCES.] The commissioner shall 
  3.28  charge a nonrefundable application fee of $100 $120 to cover the 
  3.29  administrative cost of processing a request for a variance or 
  3.30  modification of rules adopted by the commissioner under this 
  3.31  chapter. 
  3.32     Sec. 2.  Minnesota Statutes 1996, section 103I.208, is 
  3.33  amended to read: 
  3.34     103I.208 [WELL NOTIFICATION FILING FEES AND PERMIT FEES.] 
  3.35     Subdivision 1.  [WELL NOTIFICATION FEE.] The well 
  3.36  notification fee to be paid by a property owner is:  
  3.37     (1) for a new well, $100 $120, which includes the state 
  3.38  core function fee; and 
  3.39     (2) for a well sealing, $20, which includes the state core 
  3.40  function fee; and 
  3.41     (3) for construction of a dewatering well, $100 $120, which 
  4.1   includes the state core function fee, for each well except a 
  4.2   dewatering project comprising five or more wells shall be 
  4.3   assessed a single fee of $500 $600 for the wells recorded on the 
  4.4   notification. 
  4.5      Subd. 1a.  [STATE CORE FUNCTION FEE.] The state core 
  4.6   function fee to be collected by the state and delegated boards 
  4.7   of health and used to support state core functions is: 
  4.8      (1) for a new well, $20; and 
  4.9      (2) for a well sealing, $5.  
  4.10     Subd. 2.  [PERMIT FEE.] The permit fee to be paid by a 
  4.11  property owner is:  
  4.12     (1) for a well that is not in use under a maintenance 
  4.13  permit, $100 annually; 
  4.14     (2) for construction of a monitoring well, $100 $120, which 
  4.15  includes the state core function fee; 
  4.16     (3) for a monitoring well that is unsealed under a 
  4.17  maintenance permit, $100 annually; 
  4.18     (4) for monitoring wells used as a leak detection device at 
  4.19  a single motor fuel retail outlet or petroleum bulk storage site 
  4.20  excluding tank farms, the construction permit fee is $100 $120, 
  4.21  which includes the state core function fee, per site regardless 
  4.22  of the number of wells constructed on the site, and the annual 
  4.23  fee for a maintenance permit for unsealed monitoring wells is 
  4.24  $100 per site regardless of the number of monitoring wells 
  4.25  located on site; 
  4.26     (5) for a groundwater thermal exchange device, in addition 
  4.27  to the notification fee for wells, $100 $120, which includes the 
  4.28  state core function fee; 
  4.29     (6) for a vertical heat exchanger, $100 $120; and 
  4.30     (7) for a dewatering well that is unsealed under a 
  4.31  maintenance permit, $100 annually for each well, except a 
  4.32  dewatering project comprising more than five wells shall be 
  4.33  issued a single permit for $500 annually for wells recorded on 
  4.34  the permit; and 
  4.35     (8) for excavating holes for the purpose of installing 
  4.36  elevator shafts, $120 for each hole. 
  5.1      Sec. 3.  Minnesota Statutes 1996, section 103I.401, 
  5.2   subdivision 1, is amended to read: 
  5.3      Subdivision 1.  [PERMIT REQUIRED.] (a) A person may not 
  5.4   construct an elevator shaft until a permit for the hole or 
  5.5   excavation is issued by the commissioner.  
  5.6      (b) The fee for excavating holes for the purpose of 
  5.7   installing elevator shafts is $100 for each hole. 
  5.8      (c) The elevator shaft permit preempts local permits except 
  5.9   local building permits, and counties and home rule charter or 
  5.10  statutory cities may not require a permit for elevator shaft 
  5.11  holes or excavations. 
  5.12     Sec. 4.  Minnesota Statutes 1996, section 144.121, 
  5.13  subdivision 1, is amended to read: 
  5.14     Subdivision 1.  [REGISTRATION; FEES.] The fee for the 
  5.15  registration for X-ray machines and radium other sources of 
  5.16  ionizing radiation required to be registered under rules adopted 
  5.17  by the state commissioner of health pursuant to section 144.12, 
  5.18  shall be in an amount prescribed by the commissioner as 
  5.19  described in subdivision 1a pursuant to section 144.122.  The 
  5.20  first fee for registration shall be due on January 1, 1975.  The 
  5.21  registration shall expire and be renewed as prescribed by the 
  5.22  commissioner pursuant to section 144.122. 
  5.23     Sec. 5.  Minnesota Statutes 1996, section 144.121, is 
  5.24  amended by adding a subdivision to read: 
  5.25     Subd. 1a.  [FEES FOR X-RAY MACHINES AND OTHER SOURCES OF 
  5.26  IONIZING RADIATION.] After July 1, 1997, a facility with x-ray 
  5.27  machines or other sources of ionizing radiation must biennially 
  5.28  pay an initial or biennial renewal registration fee consisting 
  5.29  of a base facility fee of $132 and an additional fee for each 
  5.30  x-ray machine or other source of ionizing radiation as follows:  
  5.31    (1) medical or veterinary equipment                   $106
  5.32    (2) dental x-ray equipment                            $ 66
  5.33    (3) accelerator                                       $132
  5.34    (4) radiation therapy equipment                       $132
  5.35    (5) x-ray equipment not used on humans or animals     $106
  5.36    (6) devices with sources of ionizing radiation
  6.1         not used on humans or animals                     $106
  6.2     (7) sources of radium                                 $198
  6.3      Sec. 6.  Minnesota Statutes 1996, section 144.121, is 
  6.4   amended by adding a subdivision to read: 
  6.5      Subd. 1b.  [PENALTY FEE FOR LATE REGISTRATION.] 
  6.6   Applications for initial or renewal registrations submitted to 
  6.7   the commissioner after the time specified by the commissioner 
  6.8   shall be accompanied by a penalty fee of $20 in addition to the 
  6.9   fees prescribed in subdivision 1a. 
  6.10     Sec. 7.  Minnesota Statutes 1996, section 144.121, is 
  6.11  amended by adding a subdivision to read: 
  6.12     Subd. 1c.  [FEE FOR X-RAY MACHINES AND OTHER SOURCES OF 
  6.13  IONIZING RADIATION REGISTERED DURING LAST 12 MONTHS OF A 
  6.14  BIENNIAL REGISTRATION PERIOD.] The initial registration fee of 
  6.15  x-ray machines or other sources of radiation required to be 
  6.16  registered during the last 12 months of a biennial registration 
  6.17  period will be 50 percent of the applicable registration fee 
  6.18  prescribed in subdivision 1a. 
  6.19     Sec. 8.  [144.1223] [ENCLOSED ARENAS.] 
  6.20     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  6.21  section, the following terms have the meanings given them. 
  6.22     (a) "Enclosed arena" means any building with a roof and a 
  6.23  majority of the sides closed that is used for sports events, 
  6.24  entertainment, and demonstrations.  
  6.25     (b) "Ice arena" means any building with a roof and a 
  6.26  majority of the sides closed that contains an ice rink.  
  6.27     (c) "Motorized event" means sporting events or 
  6.28  entertainment at which internal combustion engine vehicles or 
  6.29  equipment are used for racing, competition, or demonstration 
  6.30  including, but not limited to, trucks, midget cars, motorcycles, 
  6.31  and snowmobiles.  
  6.32     (d) "Resurfacing machine" means an ice resurfacing machine. 
  6.33     Subd. 2.  [CERTIFICATION; INSPECTION AND MONITORING.] The 
  6.34  commissioner of health shall adopt rules and enforce applicable 
  6.35  laws and rules relating to the operation and maintenance of 
  6.36  enclosed arenas in which internal combustion engines are 
  7.1   operated.  Periodic inspection and monitoring of the enclosed 
  7.2   arenas shall be made by the commissioner of health.  The 
  7.3   frequency of the inspection shall be prescribed by the 
  7.4   commissioner on the basis of the frequency of use of internal 
  7.5   combustion engines and as required in subdivision 3.  
  7.6      Subd. 3.  [FEES.] After October 1, 1997, enclosed arenas 
  7.7   must annually pay an initial or annual renewal certification fee 
  7.8   as follows:  
  7.9      (a) $450 per sheet of ice for ice arenas that use internal 
  7.10  combustion engine ice resurfacing machines provided that each 
  7.11  ice arena is inspected no less than once every year.  
  7.12     (b) $200 per sheet of ice for ice arenas that use electric 
  7.13  ice resurfacing machines while other ice cleaning and 
  7.14  preparation equipment use internal combustion engines provided 
  7.15  that each ice arena is inspected no less than once every two 
  7.16  years.  
  7.17     (c) $50 per sheet of ice for ice arenas that use both 
  7.18  electric ice resurfacing machines and electric equipment to 
  7.19  clean and prepare ice provided that each ice arena is inspected 
  7.20  no less than once every four years.  
  7.21     (d) $250 per motorized event held in an enclosed arena.  
  7.22  The fee is payable 30 days prior to the date of the event 
  7.23  provided that the enclosed arena is inspected no less than once 
  7.24  per event.  
  7.25     Subd. 4.  [FEES FOR VARIANCES.] The commissioner shall 
  7.26  charge a nonrefundable application fee of $100 to cover the 
  7.27  administrative cost of processing a request for a variance from 
  7.28  rules adopted by the commissioner under this chapter.  
  7.29     Subd. 5.  [PRORATING AND LATE FEE.] The fee for the initial 
  7.30  certification fee for an enclosed arena shall be prorated for 
  7.31  less than 50 percent of the certification period to the amount 
  7.32  of 50 percent of the fee as described in subdivision 3.  A late 
  7.33  fee of $15 shall be assessed to renewal certifications submitted 
  7.34  to the commissioner after the time specified by the commissioner 
  7.35  in addition to the fees prescribed in subdivision 3. 
  7.36     Sec. 9.  Minnesota Statutes 1996, section 144.125, is 
  8.1   amended to read: 
  8.2      144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.] 
  8.3      It is the duty of (1) the administrative officer or other 
  8.4   person in charge of each institution caring for infants 28 days 
  8.5   or less of age and, (2) the person required in pursuance of the 
  8.6   provisions of section 144.215, to register the birth of a child, 
  8.7   (3) the nurse midwife or midwife in attendance at the birth, or 
  8.8   (4) if the birth is not attended by a licensed health 
  8.9   professional, a parent, to cause arrange to have administered to 
  8.10  every infant or child in its care tests for hemoglobinopathy, 
  8.11  phenylketonuria, and other inborn errors of metabolism in 
  8.12  accordance with rules prescribed by the state commissioner of 
  8.13  health.  In determining which tests must be administered, the 
  8.14  commissioner shall take into consideration the adequacy of 
  8.15  laboratory methods to detect the inborn metabolic error, the 
  8.16  ability to treat or prevent medical conditions caused by the 
  8.17  inborn metabolic error, and the severity of the medical 
  8.18  conditions caused by the inborn metabolic error.  Testing and 
  8.19  the recording and reporting of the test results of the tests 
  8.20  shall be performed at the times and in the manner prescribed by 
  8.21  the commissioner of health.  The commissioner shall charge 
  8.22  laboratory service fees for conducting the tests of infants for 
  8.23  inborn metabolic errors so that the total of fees collected will 
  8.24  approximate the costs of conducting the tests and implementing 
  8.25  and maintaining a system to follow-up infants with inborn 
  8.26  metabolic errors.  Costs associated with capital expenditures 
  8.27  and the development of new procedures may be prorated over a 
  8.28  three-year period when calculating the amount of the fees. 
  8.29     Sec. 10.  Minnesota Statutes 1996, section 144.226, 
  8.30  subdivision 1, is amended to read: 
  8.31     Subdivision 1.  [WHICH SERVICES ARE FOR FEE.] The fees 
  8.32  for any of the following services shall be in the following or 
  8.33  an amount prescribed by rule of the commissioner: 
  8.34     (a) The fee for the issuance of a certified copy or 
  8.35  certification of a vital record, or a certification that the 
  8.36  record cannot be found; is $8.  No fee shall be charged for a 
  9.1   certified birth or death record that is reissued within one year 
  9.2   of the original issue, if the previously issued record is 
  9.3   surrendered. 
  9.4      (b) The fee for the replacement of a birth certificate; 
  9.5   record for all events except adoption is $20. 
  9.6      (c) The fee for the filing of a delayed registration of 
  9.7   birth or death; is $20. 
  9.8      (d) The alteration, correction, or completion fee for the 
  9.9   amendment of any vital record, provided that when requested more 
  9.10  than one year after the filing of the record is $20.  No fee 
  9.11  shall be charged for an alteration, correction, or 
  9.12  completion amendment requested within one year after the filing 
  9.13  of the certificate; and. 
  9.14     (e) The fee for the verification of information from or 
  9.15  noncertified copies of vital records is $8 when the applicant 
  9.16  furnishes the specific information to locate the record.  When 
  9.17  the applicant does not furnish specific information, the fee is 
  9.18  $20 per hour for staff time expended.  Specific information 
  9.19  shall include the correct date of the event and the correct name 
  9.20  of the registrant.  Fees charged shall approximate the costs 
  9.21  incurred in searching and copying the records.  The fee shall be 
  9.22  payable at time of application. 
  9.23     (f) The fee for issuance of a certified or noncertified 
  9.24  copy of any document on file pertaining to a vital record or a 
  9.25  certification that the record cannot be found is $8. 
  9.26     Sec. 11.  Minnesota Statutes 1996, section 144.226, is 
  9.27  amended by adding a subdivision to read: 
  9.28     Subd. 4.  [VITAL RECORDS SURCHARGE.] In addition to any fee 
  9.29  prescribed under subdivision 1, there is a nonrefundable 
  9.30  surcharge of $3 for each certified and noncertified birth or 
  9.31  death record.  The local or state registrar shall forward this 
  9.32  amount to the state treasurer to be deposited into the state 
  9.33  government special revenue fund.  This surcharge shall not be 
  9.34  charged under those circumstances in which no fee for a birth or 
  9.35  death record is permitted under subdivision 1, paragraph (a).  
  9.36  This surcharge requirement expires June 30, 2002. 
 10.1      Sec. 12.  Minnesota Statutes 1996, section 153A.17, is 
 10.2   amended to read: 
 10.3      153A.17 [EXPENSES; FEES.] 
 10.4      The expenses for administering the certification 
 10.5   requirements including the complaint handling system for hearing 
 10.6   aid dispensers in sections 153A.14 and 153A.15 and the consumer 
 10.7   information center under section 153A.18 must be paid from 
 10.8   initial application and examination fees, renewal fees, 
 10.9   penalties, and fines.  All fees are nonrefundable.  The 
 10.10  certificate application fee is $280 $425, the examination fee is 
 10.11  $200 for the written portion and $200 for the practical portion 
 10.12  each time one or the other is taken, and the trainee application 
 10.13  fee is $100, except that the certification application or 
 10.14  renewal fee for a registered audiologist is $280 minus reduced 
 10.15  by the amount of the audiologist registration fee of $101 under 
 10.16  section 148.5194, subdivision 2.  In addition, both 
 10.17  certification and examination fees are subject to 
 10.18  Notwithstanding the policy set forth in section 16A.1285, 
 10.19  subdivision 2, a surcharge of $60 $250 shall be paid at the time 
 10.20  of application or renewal in each of the five years following 
 10.21  the date of enactment of this section to recover, over a 
 10.22  five-year period, the commissioner's accumulated direct 
 10.23  expenditures for administering the requirements of this chapter, 
 10.24  but not registration of hearing instrument dispensers under 
 10.25  section 214.13, before November 1, 1994.  The penalty fee for 
 10.26  late submission of a renewal application is $70 $108.  All fees, 
 10.27  penalties, and fines received must be deposited in the state 
 10.28  government special revenue fund.  The commissioner may prorate 
 10.29  the certification fee for new applicants based on the number of 
 10.30  quarters remaining in the annual certification period. 
 10.31     Sec. 13.  Minnesota Statutes 1996, section 157.16, 
 10.32  subdivision 3, is amended to read: 
 10.33     Subd. 3.  [ESTABLISHMENT FEES; DEFINITIONS.] (a) The 
 10.34  following fees are required for food and beverage service 
 10.35  establishments, hotels, motels, lodging establishments, and 
 10.36  resorts licensed under this chapter.  Food and beverage service 
 11.1   establishments must pay the highest applicable fee under 
 11.2   paragraph (e), clause (1), (2), (3), or (4), and establishments 
 11.3   serving alcohol must pay the highest applicable fee under 
 11.4   paragraph (e), clause (6) or (7). 
 11.5      (b) All food and beverage service establishments, except 
 11.6   special event food stands, and all hotels, motels, lodging 
 11.7   establishments, and resorts shall pay an annual base fee of $100.
 11.8      (c) A special event food stand shall pay a flat fee of $60 
 11.9   annually.  "Special event food stand" means a fee category where 
 11.10  food is prepared or served in conjunction with celebrations, 
 11.11  county fairs, or special events from a special event food stand 
 11.12  as defined in section 157.15. 
 11.13     (d) A special event food stand-limited shall pay a flat fee 
 11.14  of $30. 
 11.15     (e) In addition to the base fee in paragraph (b), each food 
 11.16  and beverage service establishment, other than a special event 
 11.17  food stand, and each hotel, motel, lodging establishment, and 
 11.18  resort shall pay an additional annual fee for each fee category 
 11.19  as specified in this paragraph: 
 11.20     (1) Limited food menu selection, $30.  "Limited food menu 
 11.21  selection" means a fee category that provides one or more of the 
 11.22  following: 
 11.23     (i) prepackaged food that receives heat treatment and is 
 11.24  served in the package; 
 11.25     (ii) frozen pizza that is heated and served; 
 11.26     (iii) a continental breakfast such as rolls, coffee, juice, 
 11.27  milk, and cold cereal; 
 11.28     (iv) soft drinks, coffee, or nonalcoholic beverages; or 
 11.29     (v) cleaning for eating, drinking, or cooking utensils, 
 11.30  when the only food served is prepared off site. 
 11.31     (2) Small menu selection with limited equipment 
 11.32  establishment, including boarding establishments, $55.  
 11.33  "Small menu selection with limited equipment establishment" 
 11.34  means a fee category that has no salad bar and meets one or more 
 11.35  of the following: 
 11.36     (i) possesses food service equipment that consists of no 
 12.1   more than a deep fat fryer, a grill, two hot holding containers, 
 12.2   and one or more microwave ovens; 
 12.3      (ii) serves dipped ice cream or soft serve frozen desserts; 
 12.4      (iii) serves breakfast in an owner-occupied bed and 
 12.5   breakfast establishment; or 
 12.6      (iv) is a boarding establishment; or 
 12.7      (v) meets the equipment criteria in clause (3), item (i) or 
 12.8   (ii), and has a maximum patron seating capacity of not more than 
 12.9   50.  
 12.10     (3) Small Medium establishment with full menu selection, 
 12.11  $150.  "Small Medium establishment with full menu selection" 
 12.12  means a fee category that meets one or more of the following: 
 12.13     (i) possesses food service equipment that includes a range, 
 12.14  oven, steam table, salad bar, or salad preparation area; 
 12.15     (ii) possesses food service equipment that includes more 
 12.16  than one deep fat fryer, one grill, or two hot holding 
 12.17  containers; or 
 12.18     (iii) is an establishment where food is prepared at one 
 12.19  location and served at one or more separate locations. 
 12.20     Establishments meeting criteria in clause (2), item (v), 
 12.21  are not included in this fee category.  
 12.22     (4) Large establishment with full menu selection, $250.  
 12.23  "Large establishment with full menu selection" means either: 
 12.24     (i) a fee category that (A) meets the criteria in clause 
 12.25  (3), items (i) or (ii), for a small medium establishment with 
 12.26  full menu selection, (B) seats more than 175 people, and (C) 
 12.27  offers the full menu selection an average of five or more days a 
 12.28  week during the weeks of operation; or 
 12.29     (ii) a fee category that (A) meets the criteria in clause 
 12.30  (3), item (iii), for a small medium establishment with full menu 
 12.31  selection, and (B) prepares and serves 500 or more meals per day.
 12.32     (5) Other food and beverage service, including food carts, 
 12.33  mobile food units, seasonal temporary food stands, and seasonal 
 12.34  permanent food stands, $30. 
 12.35     (6) Beer or wine table service, $30.  "Beer or wine table 
 12.36  service" means a fee category where the only alcoholic beverage 
 13.1   service is beer or wine, served to customers seated at tables. 
 13.2      (7) Alcoholic beverage service, other than beer or wine 
 13.3   table service, $75. 
 13.4      "Alcohol beverage service, other than beer or wine table 
 13.5   service" means a fee category where alcoholic mixed drinks are 
 13.6   served or where beer or wine are served from a bar. 
 13.7      (8) Lodging per sleeping accommodation unit, $4, including 
 13.8   hotels, motels, lodging establishments, and resorts, up to a 
 13.9   maximum of $400.  "Lodging per sleeping accommodation unit" 
 13.10  means a fee category including the number of guest rooms, 
 13.11  cottages, or other rental units of a hotel, motel, lodging 
 13.12  establishment, or resort; or the number of beds in a dormitory. 
 13.13     (9) First public swimming pool, $100; each additional 
 13.14  public swimming pool, $50.  "Public swimming pool" means a fee 
 13.15  category that has the meaning given in Minnesota Rules, part 
 13.16  4717.0250, subpart 8. 
 13.17     (10) First spa, $50; each additional spa, $25.  "Spa pool" 
 13.18  means a fee category that has the meaning given in Minnesota 
 13.19  Rules, part 4717.0250, subpart 9. 
 13.20     (11) Private sewer or water, $30.  "Individual private 
 13.21  water" means a fee category with a water supply other than a 
 13.22  community public water supply as defined in Minnesota Rules, 
 13.23  chapter 4720.  "Individual private sewer" means a fee category 
 13.24  with an individual sewage treatment system which uses subsurface 
 13.25  treatment and disposal. 
 13.26     (f) A fee is not required for a food and beverage service 
 13.27  establishment operated by a school as defined in sections 120.05 
 13.28  and 120.101. 
 13.29     (g) A fee of $150 for review of the construction plans must 
 13.30  accompany the initial license application for food and beverage 
 13.31  service establishments, hotels, motels, lodging establishments, 
 13.32  or resorts. 
 13.33     (h) When existing food and beverage service establishments, 
 13.34  hotels, motels, lodging establishments, or resorts are 
 13.35  extensively remodeled, a fee of $150 must be submitted with the 
 13.36  remodeling plans. 
 14.1      (i) Seasonal temporary food stands, special event food 
 14.2   stands, and special event food stands-limited are not required 
 14.3   to submit construction or remodeling plans for review. 
 14.4      Sec. 14.  [REPEALER.] 
 14.5      Minnesota Statutes 1996, section 144.1222, subdivision 3, 
 14.6   is repealed.