Montana Code Annotated 2021



Part 2. Licensing

License Fee -- Late Fee -- Preemption Of Local Authority -- Exception

50-50-205. License fee -- late fee -- preemption of local authority -- exception. (1) (a) Except as provided in subsection (6) or (7), the department shall collect for each license issued or renewed a fee as provided in subsection (1)(b). Of the fees collected under this section, 90% must be deposited into the local board inspection fund account created in 50-2-108, 5% into the general fund, and 5% into the account provided for in 50-50-216.

(b) License fees are:

(i) $85 for each license issued to a retail food establishment that does not have more than two employees working at any one time; and

(ii) $115 for retail food establishments other than those referred to in subsection (1)(b)(i).

(2) (a) In addition to the license fee required under subsection (1), the department shall collect a late fee of $25 from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates a retail food establishment governed by this part in the next licensing year.

(b) The late fee must be deposited in the account provided for in 50-50-216.

(3) A county or other local government may not impose an inspection fee or charge in addition to the fee provided for in subsection (1) unless a violation of this chapter or rule persists and is not corrected after two inspections of the retail food establishment.

(4) The fees in subsections (1) and (2) may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. However, the discounting of license fees may not reduce the fees paid into the local board inspection fund account established in 50-2-108.

(5) The department shall collect a fee as provided in rule for each mobile food establishment plan submitted to the department for review.

(6) (a) A local health authority shall collect a fee, as provided in subsection (6)(b), for a permit issued for a temporary food establishment required to register under 50-50-120.

(b) A fee charged to a temporary food establishment may not exceed the amount charged to a retail food establishment as provided in subsection (1).

(c) The local regulatory authority shall use the revenue from the fee collected under this subsection (6) to defray costs associated with issuing a temporary food establishment permit and the costs of inspections required under this chapter.

(7) A fee may not be charged to a person who sells or serves whole shell eggs at a farmer's market if the whole shell eggs are clean, free of cracks, and stored in clean cartons that are labeled in accordance with department rules and kept at a temperature established by the department by rule.

History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(2); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 1, Ch. 336, L. 1983; amd. Sec. 1, Ch. 247, L. 1989; amd. Sec. 2, Ch. 732, L. 1991; amd. Sec. 14, Ch. 366, L. 1997; amd. Secs. 4, 5, Ch. 528, L. 2003; amd. Sec. 2, Ch. 482, L. 2009; amd. Sec. 17, Ch. 239, L. 2015; amd. Sec. 1, Ch. 305, L. 2017.