On the agenda: Keene Planning, Licenses, and Development Committee Agendas for September 9, 2026 — Data Center (Sep 9)

PLANNING, LICENSES AND DEVELOPMENT COMMITTEE
Council Chambers, Keene City Hall
September 9, 2026
6:00 PM

A.

AGENDA ITEMS
1.

Councilor Williams – Request to Consider Restricting the Sale of 7Hydroxymitragynine (7-OH) and Concentrated Kratom Products

2.

Councilor Filiault - Request for Consideration of an Ordinance
Amendment Regulating Dogs at Downtown Events

3.

Paul Allen-Webber - Request to Reconsider Ordinance O-2004-15-A
Section (e) Regarding Dog Restrictions During the Pumpkin Festival
Ordinance O-2004-15-A Relating to Dogs Running at Large

B.

4.

Councilor Jones - Request for Consideration of an Ordinance Establishing
a Temporary Moratorium on Data Centers and Cryptocurrency Mining
Facilities

5.

Relating to Amendments to Article VII. - Food Service Establishments
Ordinance O-2026-14

MORE TIME ITEMS
1.

Relating to Short-term Rental Uses
Ordinance O-2026-09

2.

Relating to the Definition of Short-term Rental
Ordinance O-2026-10

NON PUBLIC SESSION
ADJOURNMENT

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PAUL ALLEN-WEBBER

121 Dean Farm Road, Jaffrey, NH 03452

Date: July 17, 2026
The Honorable Jay Kahn
Mayor of the City of Keene

Keene City Council
3 Washington Street
Keene, NH 03431
Re: Opposition to Ordinance Section (e) Regarding Dog Restrictions During the Pumpkin Festival
Dear Mayor Kahn and City Council Members,
I am writing as a regular visitor to the City of Keene – a shopper, diner, hiker, and event attendee
- to formally voice my opposition to Ordinance O-2004-15-A, Section (e), adopted on 10-7-2004,
which bans dogs (except service animals) from public property and downtown streets specifically
and exclusively during the Pumpkin Festival. This ban may have been necessary when attendance
topped 50,000, but today’s Pumpkin Festival draws a much smaller crowd.
While I fully understand and support the city’s commitment to public safety, applying this
restrictive rule to only one specific date out of the entire year is arbitrary and unfair. Keene hosts
multiple high-traffic public gatherings, street fairs, and community events in the downtown area
throughout the year. None of these other events carry a blanket prohibition on leashed, wellbehaved family pets.
Furthermore, this ordinance introduces several issues that warrant reconsideration:
Unfair Burden and Legal Liability for Volunteers: It is entirely unfair to expect the non-profit
organization hosting the Pumpkin Festival to police and enforce a city-mandated bylaw. Nonprofits rely heavily on limited staff and community volunteers whose energy should be entirely
focused on event coordination and logistics. The confrontations that stem from volunteer
enforcement create ill will between the organization and the very people they depend on for
support.
Furthermore, forcing untrained volunteers to gatekeep access to public streets creates a serious
risk of violating the Americans with Disabilities Act (ADA). Volunteers are not trained to properly
navigate the nuances of questioning individuals about service animals, creating a high probability
of accidentally infringing on the rights of those with disabilities and creating immense legal
liability for the organization and/or the city.
Negative Impact on Visitors and Downtown Commerce: This localized ban unfairly penalizes
out-of-town visitors, tourists, and travelers who may be entirely unaware that the Pumpkin Festival
is occurring. A traveler stopping in Keene for a break, or someone who made an outdoor dining
reservation months in advance expecting a pet-friendly atmosphere, will suddenly find
themselves turned away from public streets and sidewalks. Blindsiding visitors in this manner
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creates a hostile impression of the city and directly harms downtown businesses that rely on petfriendly tourism.
Inconsistency and Confusion: Singling out a single date makes local regulations confusing for
residents and regular visitors who routinely walk their dogs downtown. If it is safe for leashed dogs
to navigate the downtown footprint during other busy community events, there is no logical basis
for a total ban during this one.
Lack of Proportionality: The city already has robust leash laws and public nuisance ordinances
in place to address irresponsible pet ownership or aggressive behavior. Enforcing existing
municipal laws is a precise solution; a blanket ban is an overreach.
I understand you recently received a letter from City Councilor Randy Filiault, who appears to infer
that the City Council should revisit the ban and extend it to other/all downtown events, based on
witnessing “several incidents”.
If the City Council will not consider a reversal of this targeted ban, or chooses to extend it to other
events, then the city should take full responsibility for its execution and enforcement. The burden
of a city-mandated ordinance belongs to the city, not the hosting non-profit. Should the ban
remain in place, the city should provide:
Clear Signage: Prominent, highly visible signs posted at all key entry points into the restricted
downtown footprint outlined in the ordinance to avoid blindsiding travelers and diners.
Public Education: City employees stationed at these entry points to proactively educate the
incoming crowds, travelers, and residents about the specific restriction.
Official Enforcement: Uniformed police officers tasked with enforcing the bylaw, ensuring that
volunteers and non-profit staff are never put in the position of acting as municipal code
enforcement or risking ADA violations.
If the city’s stance is that crowds present an inherent danger to or from pets, then this policy should
logically apply to all downtown festivals. If it does not apply to all, it should not apply to any.
However, if this specific ban is maintained, the city should step up to properly fund, sign, and
police its own ordinance.
I urge the City Council to reconsider this ordinance and instead focus on enforcing standard
leashing and behavior rules, allowing responsible local pet owners and visitors to enjoy the City
of Keene year-round.
Thank you for your time and your service to our community.
Sincerely,

Paul D. Allen-Webber
2

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August 4, 2026

Dear Mayor Kahn and Fellow Councilors,
I am writing to formally request that the City Council direct the appropriate staff and
committees to draft an ordinance establishing a temporary, two-year moratorium on the
construction, development, and operation of Data Centers and Cryptocurrency Mining
Centers within the City of Keene.
As these newly innovative technologies expand rapidly across the region, a temporary
pause is vital. A two-year moratorium will grant our City the necessary time to gain a
comprehensive, transparent, and proactive understanding of these intensive industries
before they establish a permanent footprint in our community.
This period of review will allow the City of Keene to safeguard its infrastructure and
community character by accomplishing the following goals:
1. Energy and Climate Review: Allow the Keene Energy and Climate Committee to
thoroughly study these operations and issue a formal report aligning with our City's
renewable energy goals and Climate Protection Plan.
2. Environmental and Resource Impact Assessment: Enable City staff to analyze the
intense water usage, thermal impacts, unique exhaust system, and backup energy
requirement characteristic of these facilities.
3. Economic and Utility Evaluation: Evaluate the long-term impacts on Keene's local
economy, tax base, and regional energy supply stability.
4. Zoning and Neighborhood Protection: Explore the direct impacts of these highdensity operations on the quality of life, proximity to residential and commercial
areas, potential for noise or obnoxious odors, aesthetic qualities, and the overall
historic character of our neighborhoods.
Taking a deliberate pause ensures that Keene remains a forward-thinking City that
welcomes technological innovation only when it safely preserves our ecosystem,
economy, and community well-being. Thank you for your time, consideration, and
dedication to the future of Keene.
Sincerely,

Philip M. Jones
Keene City Councilor

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ORDINANCE

O-2026-14

CITY OF KEENE
In the Year of Our Lord Two Thousand and
AN ORDINANCE

Twenty Six

Relating to an Amendment to Article VII. - Food Service Establishments

Be it ordained by the City Council of the City of Keene, as follows:
That the Code of Ordinances of the City of Keene, New Hampshire, as amended, is hereby further
amended by deleting in its entirety Article VII. “Food Service Establishments” and inserting in its place a
new Article VII.; and, by updating Appendix B. “Fee Schedule” as follows:

ARTICLE VII. - FOOD SERVICE ESTABLISHMENTS[6]
State Law reference— Food service licensure, RSA 143-A:1 et seq.
DIVISION 1. - GENERALLY
Sec. 46-361. - Definitions.
See He-P2301.01 for definitions.

Sec. 46-362. - Adoption of FDA Food Code and New Hampshire Rules for the Sanitary
Production and Distribution of Food; amendments.
(a) The City of Keene hereby adopts by reference the 2022 FDA Food Code and New Hampshire Rules
for the Sanitary Production and Distribution of Food, He-P 2300, and any subsequent amendments
thereto, so as to regulate food service establishments operating within its jurisdiction as of October
1, 2026. Where there is a conflict between this chapter and the 2022 FDA Food Code and He-P 2300,
this chapter shall govern.
(b) Notwithstanding, the following sections of He-P 2300 shall not be adopted into the Code of the City
of Keene: He-P 2303.01, He-P 2304.01 through He-P 2304.05, Sections: He-P 2301.01(n)(o), He-P
2302.01, He-P 2304.12(e), He-P 2304.14(a), He-P 2306.02(a)(19), and He-P 2306.02(c)(1).
(c) References in He-P 2306.06(a) regarding emergency telephone numbers shall be replaced with
"notify the Community Development Department at 603-352-5440, or if at night or during the
weekends, at 603-357-9815 or email [email protected].” Reference in He-P 2304.14(a) shall be
replaced with:
Community Development Department
City of Keene
Attn: Food Licensing
3 Washington St
Keene, NH 03431

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(d) Section He-P 2301.01(r) shall be amended to be: “Food Code” means the US Department of Health
and Human Services, Public Health Services, Food and Drug Administration, Food Code, 2022
edition.
(e) Section He-P 2301.01(ba) shall be amended to be: “Soup Kitchen” means a non-profit organization
that prepares and distributes food to members of the public without charge
(f) References in He-P 2311.01 to “Class H” food service license shall be replaced and inserted “Class 6
Food Service License.”
(g) Reference to He-P 2304.01 through He-P 2304.05 in any section of He-P 2300 shall refer to Sec 46363 of this Article.
(h) Wherever there is a reference to "Commissioner" in He-P 2300, it is replaced with "Health Official of
Keene or designee."
(i) Wherever there is a reference to "Department" in He-P 2300, it is replaced with "Community
Development Department."
(j) Wherever there are references to "RSA 541-A and He-C 200," they shall be replaced with the City of
Keene Code.
(k) Wherever there is a reference to the New Hampshire Department of Health and Human Services in
He-P 2300, it is replaced and inserted is City of Keene.
(l) All fines and fees shall be made payable to the City of Keene. All applications, correspondence and
fines shall be sent to:
Community Development Department
City of Keene
Attn: Food Licensing
3 Washington St
Keene, NH 03431

Sec. 46-363 - License Procedure
It shall be unlawful for any person or entity to operate a food service establishment within the City who
does not possess a valid license issued to them by the Health Official or their designee. Only a person or
entity who complies with the requirements of this chapter shall be entitled to receive and retain such a
license. Licenses shall not be transferable from one person or place to another person or place. A valid
license shall be conspicuously posted in every food service establishment.
(a) Issuance of licenses and fees.
(1) Any person desiring to operate a food service establishment shall make written application
for a license on forms provided by the Health Official. Upon receipt of such an application
and the designated license fee, and after inspection reveals that the requirements of this
chapter have been met, a license shall be issued to the applicant by the Health Official. All
annual licenses expire on September 30th. The fees shall be payable to the City of Keene
and shall be designated as follows
(2) Processing of Initial Applications and Issuance of Licenses
a. Each applicant for a license shall complete and submit to the department an
application form.
b. In addition to submitting the completed application, in (a) above, an applicant
shall also submit the following:

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1. Check, money order, or on-line payment by credit card;
2. Water system documentation, in accordance with He-P 2304.06, except that
food establishments applying to be licensed as a farm store, home delivery
services, pushcart and other mobile units, retail markets selling only nonTime/Temperature Control for Safety (TCS) prepackaged items, institutions
including state, county, and municipal institutions, schools, private schools,
and schools whose food service is operated by a caterer, and sellers of prepackaged frozen meat or poultry that is processed in a United States
Department of Agriculture (USDA) plant shall not be required to submit such
documentation;
3. Wastewater system documentation, in accordance with He-P 2304.07,
except, that food establishments applying to be licensed as a mobile food
unit, farm store, home delivery services, pushcart and other mobile units,
retail markets selling only non- Time/Temperature Control for Safety (TCS)
prepackaged items, institutions including state, county, and municipal
institutions, schools, private schools, and schools whose food service is
operated by a caterer, non-exempt homestead food operations, senior meal
sites, retail food stores with no food preparation areas, and sellers of prepackaged frozen meat or poultry that is processed in a United States
Department of Agriculture (USDA) plant shall not be required to submit such
documentation;
4. If the application is for a mobile food unit that uses a service area, one of
the following:
a. A separate license application for the facility to be used as a
servicing area; or
b. A copy of the food establishment license, from the appropriate
regulatory authority, of the facility being used as a servicing area.
5. A hazard analysis and critical control point (HACCP) plan required by He-P
2304.13; and
6. A proposed menu or list of food and beverages is to be offered.
c. Applicants seeking a change in license class, a new license, or a new license due to
a change of ownership, shall contact the department to arrange for an inspection
of the establishment no later than 30 days from the date of mailing or delivering
the fee and application.
(3) License Expirations and Procedures for Renewals
a. Each licensee shall apply to renew his or her license at least 30 days prior to the
expiration of the current license.
b. The licensee shall submit a renewal application that includes the following:
1. Completed Application, and
2. A check, money order, or on-line payment by credit card.
c. A license shall be renewed if the department determines that the licensee:
1. Submitted an application containing all the items required by (b) above, as
applicable, at least 30 days prior to the expiration of the current license;
2. Submitted a Corrective Action Plan (CAP) that has been accepted by the
department and implemented by the licensee if deficiencies were cited at
the last licensing inspection;

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3. Is found to be in compliance with He-P 2300 and all applicable regulations at
a renewal inspection, as applicable; and
4. Has paid any outstanding fees or fines in full.
d. If a license holder fails to submit a complete application for renewal as required
under (a) and (b) above, the food establishment shall cease operation the day
after the license expires and shall not operate until a license is obtained.
e. Any food establishment wishing to submit an application for a renewal license
whose previous license has been expired in excess of 30 days shall apply in
accordance with the requirements of an initial license in Sec 46-363(A)(2).
(b) Classification of Food Service Establishments/License Fees
(1) Class 1A: Food Service Establishment with 200 seats or more; retail food store with 4 or more
food prep areas
(2) Class 1: Food Service Establishment with seating capacity 100-199 seats; food service
establishment with extensive menus; serve raw ingredients (sushi, oysters, etc.), salad bar
and/or food buffet; retail stores with 2 to 3 food preparation areas; nursing homes; hospitals;
commercial food processing operations processing more than 100,000 packages of food per
year
(3) Class 2: Food Service Establishment with 25-99 seats; retail food store with one food prep area;
bakeries; food distributors of Time/Temperature Control for Safety (TCS) foods; beverage
manufacturers; commissaries; caterer; mobile food unit selling/serving Time/Temperature
Control for Safety (TCS); commercial food processing operations processing less than 100,000
packages of food per year
(4) Class 3: Food Service Establishment with 0-24 seats; retail food store-self services and no food
prep area; commercial food processing operations of non-Time/Temperature Control for Safety
(TCS) bulk foods; bakeries which do not serve Time/Temperature Control for Safety (TCS) food;
non- Time/Temperature Control for Safety (TCS) mobile food units; retail markets selling only
prepackaged items; bed and breakfast; private clubs; mobile venders, childcare facilities serving
Time/Temperature Control for Safety (TCS); farmers market vendor selling/serving
Time/Temperature Control for Safety (TCS) food; Wholesalers/distributors Time/Temperature
Control for Safety (TCS) food
(5) Class 4: Temporary licenses see Sec. 46-363(e).
(6) Class 5: Public schools; private and parochial schools; not for profit organizations not holding a
liquor license; governmental facilities that operate more than 4 times in a 28-day period
(7) Class 6: Sellers of prepackaged frozen USDA meat or poultry; retail markets selling only nonTime/Temperature Control for Safety (TCS) prepackaged items; non-exempt homestead
kitchens; arena/theater concessions selling/serving non- Time/Temperature Control for Safety
(TCS) food
License Fees are established in accordance with the schedule of fees set forth in Appendix B of the City
Code of Ordinances.
The Health Official or designee has final determination of all classifications of food service
establishments. When a food service establishment has an additional food processing business, each
shall be licensed separately, requiring separate applications and separate fees. When a hospital or
school offers food to the general public in addition to its population, then the license class shall be
determined by the number of seats the food service establishment has.

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(c) Late Fine
(1) License Renewal Applications received after the 10th day of the month following license date of
expiration – Fees are established in accordance with the schedule of fees set forth in Appendix B
of the City Code of Ordinances.
(d) Mobile food units and mobile venders
(1) Any person desiring to operate a mobile food unit shall meet all applicable City of Keene land
use regulations. The applicant shall also meet all Building, Health, Fire Codes as adopted by the
City of Keene and the State of New Hampshire.
(2) For mobile venders selling exclusively prepackaged goods, please cross-reference Hawkers,
Peddlers.
(e) Temporary license.
(1) A temporary license means a food-service establishment which operates at a fixed location for a
temporary period of time, not exceeding three (3) consecutive days, whether or not there is a
charge for food.
(2) Authorization of the site location is necessary prior to conducting business in the city.
(3) A temporary food service application shall be submitted to the Health Official at least seven (7)
days before the day of the event. If licensed by another agency, state, or municipality, you must
provide a copy of the operator's current food-service license and most recent food inspection
report.
(4) Licenses shall be displayed in public view.
(5) The operator is subject to inspection at any time.
(6) Food preparation and handling practices for food establishments are to be in compliance with
this Chapter. Including but not limited to following the Temp Event Guide Food Safety and Temp
Event Checklist.
(7) Temporary Food Service License Fees are established in accordance with the schedule of fees
set forth in Appendix B of the City Code of Ordinances.

Sec. 46-364 - Notice of alleged violation.
(a) Whenever the Health Official or their designee , based upon an on-site inspection, determines that
there are reasonable grounds to believe that violations of this chapter or the regulations adopted
have occurred, notice of such alleged violations shall be given to the owner or their agent. Such
notice shall:
(1) Be in writing;
(2) Include statements enumerating alleged violations and identifying the basis of the violation;
(3) Where appropriate, indicate corrective actions to be taken;
(4) Allow a reasonable time for the performance of any act require;
a. In the case of a temporary food service establishment, the violations must be corrected
within a specified period of time, not to exceed 24 hours. Failure to comply with such
notice shall result in immediate suspension of the license;
(5) And be served upon the owner or their agent as the case may require, provided that such notice
or order shall be deemed to have been properly served upon such owner or their agent when
the inspection report form containing information required by Subsections 2, 3, and 4 above has
been completed and signed by the inspecting official and the owner or their agent and a copy
thereof has been provided to the owner or their agent.

Sec. 46-366 - Reinstatement of license.

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Any person whose license under this chapter has been suspended may at any time make application for
a reinspection for the purpose of reinstating the license. Within ten (10) days following receipt of a
written request, including a statement signed by the applicant that in his opinion the conditions causing
suspension of the license have been corrected, the Health Official shall make a reinspection. If the
applicant is complying with the requirements of this chapter and regulations promulgated hereunder,
the license shall be reinstated.

Sec. 46-369 - Inspections.
(a) The operation and facilities of all licensees under this chapter shall be inspected in accordance with
He-P2305 as follows:
(1) Classes 1A, 1, 2, 3, and 5 - twice every license cycle.
(2) Class 6 - once every license cycle.
(b) The cost of reinspection shall be established in accordance with the schedule of fees set forth in
Appendix B of the City Code of Ordinances.

Sec. 46-370 - Approval of plans; fees.
(A) When a food service establishment is constructed, is remodeled, or changes owners, or when an
existing structure is converted for use as a food-service establishment, properly prepared plans and
specifications for such construction, remodeling, or alteration, showing layout arrangement and
construction of materials of work areas, and the location, size, and type of fixed equipment and
facilities shall be submitted to the Health Official or their designee for approval before such work is
begun.
(B) Fees for the mandatory food-service plan review and associated inspection(s) are established in
accordance with the schedule of fees set forth in Appendix B of the City Code of Ordinances.

Sec. 46-371 – Incorporation of the 2022 Food Code.
The following amendments shall apply to the document incorporated:

Delete following subsections:
1-201.10 Food Establishment.

Delete following subsections:
1-201.10 Temporary Food Establishment.

Change subsection to read as follows:
3-301.11 Preventing Contamination from Hands.
(B) Except when washing fruits and vegetables as specified under 3-302.15 Food
Employees may not contact exposed, READY-TO-EAT FOOD with their bare hands
and shall use suitable UTENSILS such as deli tissue, spatulas, tongs, single-use
gloves, or dispensing EQUIPMENT.
(D) Delete

Delete following subsection in its entirety:

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3-305.13 Vended Potentially Hazardous Food (Time/Temperature Control for Safety
Food, TCS), Original Container.

Delete following subsection:
3-306.12 Condiments Protection.
(B) Delete

Delete following subsection:
3-801.11 Pasteurized Foods, Prohibited Re-Service, and Prohibited Food.
(D) Delete

Delete following subsection:
4.204.14 (A) (B) Vending Machines, Vending Stage Closure.

Delete following subsection:
4-204.19 Can Openers on Vending Machines.

Delete following subsection:
4-204.111 Vending Machines, Automatic Shutoff.

Add new subsection to read as follows:
4-301.13 Drainboards.
Dual drainboards must be integral to warewashing sinks, in addition, UTENSIL
racks, or tables large enough to accommodate all soiled and cleaned items that
may accumulate during hours of operation shall be provided per necessary
UTENSIL holding before cleaning and after SANITIZING.

Add new subsection to read as follows:
4-301.16 Food Prep Sink.
A Food Prep sink that meets the requirements specified in 4-205.10, 5-202.13 and
5-402.11 shall be provided for washing/thawing of foods, and drawing of potable
water, to be used for no other purposes.

Delete following subsections:
4-301.12 Manual Warewashing, Sink Compartment Requirements.
(C)(5) Delete
(C)(6) Delete

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(D) Delete

Add new subsection to read as follows:
4-302.12 Food Temperature Measuring Devices.
(A) Digital food temperature measuring devices shall be provided and readily
accessible for use in ensuring attainment in maintenance of food temperatures as
specified under Chapter 3.

Change subsection to read as follows:
4-501.16 Warewashing Sinks, Use Limitation.
(A) A warewashing sink may not be used for handwashing as specified under §2301.15, or drawing potable water, wash produce, or thaw foods.

Delete following subsections:
4-603.16 Rinsing Procedures.
(C) Delete
(D) Delete
(E) Delete

Change subsection to read as follows:
5-104.12 Alternative Water Supply.
Water meeting the requirements specified under Subparts 5-101, 5-102, and 5- 103
shall be made available for a mobile facility, for a temporary food establishment
without a permanent water supply, and for a food establishment with a two-hour
interruption of its water supply through:

Change subsections to read as follows:
5-203.11 Handwashing Sinks.
A handwashing sink shall be located within 20 unobstructed feet:
(A) To allow convenient use by employees in food preparation, food dispensing, and
warewashing areas; and
(B) In toilet rooms.

Change subsection to read as follows:
6-501.115 Prohibiting Animals.

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(A) Except as specified in (B) and (C) of this section, live animals may not be allowed
on the premises of a food establishment, unless allowed by variance pursuant to 8103.10 through 8-103.12 for outdoor decks.

Delete following subsection:
7-202.12 Conditions of Use.
(A) (2) Delete

Add new subsection to read as follows:
8-201.11 When Plans Are Required.
(D) Change of owner.

Delete Chapter 8:
Those food establishments applying for licensure or that are licensed as a bed and
breakfast shall comply with the Food Code. However, the exceptions to the Food Code
listed in He-P 2308.02 shall also be exceptions to the Food Code as it applies to bed and
breakfasts.
Those food establishments applying for licensure or which are licensed as food processing
plants or non-exempt homestead food operations shall be exempt from the requirements
of the Food Code and shall comply with the requirements in, He-P 2309 and He-P 2311,
respectively.

Repeal and replace the contents of Appendix B, Section 46-363 with the content below:
Appendix B- Fee Schedule
Chapter 46 Licenses and Permits
Sec. 46-363 – Food Service Establishment License Procedure and Fees
License Fees
(8) Class 1A: Food Service Establishment with 200 seats or more; retail food store with 4 or more
food prep areas - $650
(9) Class 1: Food Service Establishment with seating capacity 100-199 seats; food service
establishment with extensive menus; serve raw ingredients (sushi, oysters, etc.), salad bar
and/or food buffet; retail stores with 2 to 3 food preparation areas; nursing homes; hospitals;
commercial food processing operations processing more than 100,000 packages of food per
year - $450
(10)Class 2: Food Service Establishment with 25-99 seats; retail food store with one food prep area;
bakeries; food distributors of Time/Temperature Control for Safety (TCS) foods; beverage
manufacturers; commissaries; caterer; mobile food unit selling/serving Time/Temperature

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Control for Safety (TCS); commercial food processing operations processing less than 100,000
packages of food per year - $400
(11)Class 3: Food Service Establishment with 0-24 seats; retail food store-self services and no food
prep area; commercial food processing operations of non-Time/Temperature Control for Safety
(TCS) bulk foods; bakeries which do not serve Time/Temperature Control for Safety (TCS) food;
non- Time/Temperature Control for Safety (TCS) mobile food units; retail markets selling only
prepackaged items; bed and breakfast; private clubs; mobile venders, childcare facilities serving
Time/Temperature Control for Safety (TCS); farmers market vendor selling/serving
Time/Temperature Control for Safety (TCS) food; Wholesalers/distributors Time/Temperature
Control for Safety (TCS) food - $300
(12)Class 4: Temporary licenses see Sec. 46-363(e). - Temporary Food Service License Fees - $75
a. Additional $25 expedite fee for applications received less than 7 days prior to the event.
(13)Class 5: Public schools; private and parochial schools; not for profit organizations not holding a
liquor license; governmental facilities that operate more than 4 times in a 28-day period – No
Fee
(14)Class 6: Sellers of prepackaged frozen USDA meat or poultry; retail markets selling only nonTime/Temperature Control for Safety (TCS) prepackaged items; non-exempt homestead
kitchens; arena/theater concessions selling/serving non- Time/Temperature Control for Safety
(TCS) food - $200
Late Fine
(1) License Renewal Applications received after the 10th day of the month following license date of
expiration - $75
Sec. 46-369 - Inspections.
The cost of reinspection shall be:
(1) Reinspection fee for failed routine inspection - Classes 1A, 1, and 2 - $200
(2) Reinspection fee for failed routine inspection - Class 3 - $100
(3) Reinspection fee for failed routine inspection – Class 6 - $50

Sec. 46-370 - Approval of plans; fees.
Fees for the mandatory food-service plan review and associated inspection(s) are established in
accordance with the following schedule:
a. Major remodeling of existing establishment: $100
b. Remodeling of existing establishments limited to equipment change and minor
structural modifications: $50
c. Floor Plan review for a food establishment changing ownership- $75
d. Class 1A new food service establishment - $200
e. Class 1 or 2 new food service establishment - $150
f. Class 3, 4, 5, or 6 new food service establishment - $100.

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_________________________________

Jay V. Kahn, Mayor

In City Council August 6, 2026.
Referred to the Planning, Licenses
and Development Committee.
Assistant Clerk

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