Utah Restaurant Ass'n v. Salt Lake City-County Board of Health

JACKSON, Judge:

The Salt Lake City-County Board of Health (the “Board”), seeks reversal of a declaratory judgment holding its food service establishment inspection fee regulation, adopted under the Local Health Department Act (the “Act”), 1 legally invalid. We reverse.

The Board is a non-elected body appointed by the Salt Lake City and County Commissioners to act as a local board of health. Its powers and duties are set forth in the Act. See Utah Code Ann. § 26-24-14 (1984). At a June 1986 meeting, the Board discussed reviving a plan to initiate an inspection fee to be paid by “food…