CHAPTER 272

FORMERLY

HOUSE BILL NO. 194

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PUBLIC HEALTH AND PUBLIC EATING PLACES.

WHEREAS, the inspection of public eating places provides for the health and well-being of the citizens of this State; and

WHEREAS, the inspection of public eating places assures that standards of sanitation are maintained.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House concurring therein):

Section 1. Amend Section 134, Chapter 1, Title 16, of the Delaware Code by adding new subsections "(c)", "(d)", "(e)" and (f) to read as follows:

"(c) The State Board shall initiate a procedure for the inspection of public eating places prior to the issuance of the permit required under this section. There shall be no fee required for inspection; however, in the event that re-inspection must be initiated in any given year, the State Board shall establish a Restaurant Inspection Fee, payable upon or prior to inspection, in the following manner:

(I) The sum of $50 shall be required for a second inspection;

(2) The sum of $100 shall be required for a third inspection;

(3) The sum of $150 shall be required for each subsequent inspection.

(d) Notwithstanding the provisions of Section 6102, Title 29, the Division shall be allowed to retain and expend the portion of these fees up to the level authorized to fund the cost of the Board.

(e) The restaurant permit shall not be issued prior to the public eating place receiving a satisfactory rating in inspection as defined in the State of Delaware Regulations Governing Public Eating Places.

(f) The following entities shall be exempt from the restaurant inspection fee established in subsection (c) of this section:

Cl) Churches;

(2) Fire Halls;

(3) Schools;

(4) Government agencies;

(5) Health care institutions; or

(6) Any non-profit organization."

Section 2. If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not impair, invalidate or affect the remainder of this Act which shall remain In full force and effect.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed to the extent of such conflict.

Approved July 2, 1990.