§ 4353.

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§ 4353. Fees

(a)The Commissioner may establish by rule any requirement the Department needs to determine the applicable categories or exemptions for licenses. The following license fees shall be paid annually to the Department at the time of making the application according to the following schedules:

(1)Restaurants

I — Seating capacity of 0 to 25; $105.00

II — Seating capacity of 26 to 50; $180.00

III — Seating capacity of 51 to 100; $300.00

IV — Seating capacity of 101 to 200; $385.00

V — Seating capacity of 201 to 599; $450.00

VI — Seating capacity 600 and over; $1,000.00

VII — Home Caterer; $155.00

VIII

X —

—

— Commercial Caterer; $260.00

Limited Operations; $140.00

Fair Stand; $125.00; if operating for four or

more days per year; $230.00

(2)Lodging establishments

I — Lodging capacity of 1 to 10; $130.00

II — Lodging capacity of 11 to 20; $185.00

III — Lodging capacity of 21 to 50; $250.00

IV — Lodging capacity of 51 to 200; $390.00

V — Lodging capacity of over 200; $1,000.00

(3)Food manufacturing establishment — a fee for any person or persons that process food for resale to restaurants, stores, or individuals according to the following schedule:

(A)Food manufacturing establishments; nonbakeries

I — Gross receipts of $10,001.00 to $50,000.00; $175.00

II — Gross receipts of over $50,000.00; $275.000

III — Gross receipts of $10,000.00 or less are exempt pursuant to section 4358 of this title

(B)Food manufacturing establishments; bakeries

I — Home bakery; $100.00

II — Small commercial; $200.00

III — Large commercial; $350.00

(C)Food manufacturing establishments; cottage food operations — Gross receipts of $30,000.00 or less from the sale of cottage food products are exempt pursuant to section 4358 of this title.

(4)Seafood vending facility — $200.00, unless operating pursuant to another license issued by the Department of Health and generating $40,000.00 or less in seafood gross receipts annually. If generating more than $40,000.00 in seafood gross receipts annually, the fee is to be paid regardless of whether the facility is operating pursuant to another license issued by the Department.

(5)Shellfish reshippers and repackers — $375.00.

(6)Children’s camps — $150.00.

(b)The Commissioner of Health shall be the final authority on definition of categories contained in this section.

(c)All fees received by the Department under this section shall be credited to a special fund and shall be available to the Department to offset the cost of providing the services. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1975, No. 118, § 69, eff. April 30, 1975; 1985, No. 166 (Adj. Sess.), § 1; 1989, No. 103, § 2; 1995, No. 47, § 5, eff. April 20, 1995; 1997, No. 155 (Adj. Sess.), § 60, eff. July 1, 1999; 2001, No. 65, §§ 7, 7a, eff. July 1, 2002, 7b, eff. July 1, 2003; 2007, No. 76, § 12, eff. June 7, 2007; 2011, No. 128 (Adj. Sess.), § 5; 2015, No. 57, § 9; 2017, No. 76, § 5; 2025, No. 42, § 4, eff. July 1, 2025.)